Frank Lynn Brewer v. Robert Raines
Opinion
Opinion
Kilkenny, J.
FACTS
On February 27, 1978, petitioner Frank Brewer (Brewer) was arraigned in Arizona on charges of armed robbery and wearing a mask in the commission of a public offense. At that time, he was informed of his original trial date, his right to be present at this trial, and that he could be tried in absentia should he voluntarily fail to appear. Brewer was subsequently released on bond.
After his release, Brewer disappeared. He did not attempt to contact his attorney or to inform the court of his whereabouts. He was not heard from again until November of 1978.
In the interim, his trial and sentencing in absentia had taken place. Arizona Rule of Criminal Procedure 9.1 provides:
After a number of continuances, Brewer’s trial in absentia commenced on June 20, 1978. The jury returned a verdict of guilty the next day. Brewer was sentenced in absentia on July 10, 1978, the court finding that his absence was voluntary and his attorney not objecting to a sentencing order at that time. After pronouncing sentence, the court ordered that upon the arrest or detention of the defendant, he be brought back to the court for a hearing on the voluntariness of his absence.