State v. Ritch, 22706

Decision Date13 April 1987
Docket NumberNo. 22706,22706
Citation292 S.C. 75,354 S.E.2d 909
CourtSouth Carolina Supreme Court
PartiesThe STATE, Respondent, v. Rodney Lee RITCH, Appellant.

Asst. Appellate Defender Tara D. Shurling, of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Holman C. Gossett, Spartanburg, for respondent.

PER CURIAM:

Appellant contends that the trial judge erred in proceeding with his trial in absentia. We agree.

The trial judge failed to find that appellant had received notice of his right to be present at trial and a warning that he would be tried in his absence should he fail to attend, as required by Criminal Practice Rule 3. This was error. State v. Jackson, 288 S.C. 94, 341 S.E.2d 375 (1986); State v. Fleming, 287 S.C. 268, 335 S.E.2d 814 (Ct.App.1985). Accordingly, we reverse and remand for a new trial.

REVERSED AND REMANDED.

CHANDLER, J., not participating.

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8 cases
  • State v. Patterson
    • United States
    • South Carolina Court of Appeals
    • January 9, 2006
    ...case in abstentia." State v. Truesdale, 345 S.C. 542, 549, n. 5, 548 S.E.2d 896, 899, n. 5 (Ct.App.2001) (citing State v. Ritch, 292 S.C. 75, 76, 354 S.E.2d 909, 909 (1987); State v. Jackson, 288 S.C. 94, 95, 341 S.E.2d 375, 375 (1986); State v. Castineira, 341 S.C. 619, 622, 535 S.E.2d 449......
  • State v. Hudson
    • United States
    • New Jersey Supreme Court
    • May 30, 1990
    ...at pretrial hearing, informed by court that jury selection would begin next day, but failed to appear at trial); State v. Ritch, 292 S.C. 75, 354 S.E.2d 909 (1987) (reversing conviction in absentia because defendant never received notice of right to be present at trial as required by crimin......
  • State v. Castineira
    • United States
    • South Carolina Court of Appeals
    • July 17, 2000
    ...voluntarily waived his right to be present at trial in order to try the case in absentia. See Rule 16, SCRCrimP; State v. Ritch, 292 S.C. 75, 354 S.E.2d 909 (1987); State v. Jackson, 288 S.C. 94, 341 S.E.2d 375 (1986). The judge must make findings of fact on the record that the defendant (1......
  • City of Aiken v. David Michael Koontz, 4094.
    • United States
    • South Carolina Court of Appeals
    • March 20, 2006
    ...must determine a defendant voluntarily waived his right to be present at trial in order to try the case in absentia. State v. Ritch, 292 S.C. 75, 354 S.E.2d 909 (1987); State v. Jackson, 288 S.C. 94, 341 S.E.2d 375 (1986); Truesdale, 345 S.C. at 549 n. 5, 548 S.E.2d at 899 n. 5; State v. Ca......
  • Request a trial to view additional results

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