Valdez

This is a consolidated appeal from the judgment of conviction of second degree burglary and motion for new trial pursuant to Penal Code section 1181, subdivision 9. At issue is whether a defendant who flees the jurisdiction following a guilty verdict and is not apprehended and sentenced until after the destruction of the court reporter’s notes must be granted a new trial. We conclude that where, as here, the defendant absconds and the notes have been lawfully destroyed in accordance with Government Code section 69955, no new trial will be ordered.

Following the October 8, 1970, jury guilty verdict, defendant Jose Valdez, who had been released on his own recognizance, failed to appear for sentencing. A bench warrant was issued. Almost 11 years later, in August 1981, defendant was apprehended on the warrant and returned to court. In September 1981, defendant was sentenced to state prison and filed a notice of appeal.

Meanwhile, on February 11, 1981, the county clerk had destroyed the court reporter’s notes of defendant’s trial upon an order signed by the Presiding Judge of the Los Angeles Superior Court. The order, expressly relying on section 69955, authorized…