State v. Anderson, 222 N.C. App. 138 (Aug. 7, 2012)

The trial court did not err by denying a motion to dismiss asserting that the defendant was deprived of his constitutional rights due to his involuntary absence at trial. The defendant was missing from the courtroom on the second day of trial and reappeared on the third day. To explain his absence he offered two items. First, the fact that his friend Stacie Wilson called defense counsel to say that the defendant was in the hospital suffering from stomach pains. Defense counsel did not know who Stacie Wilson was, what hospital the defendant was in, or any other information. Second, the defendant offered a note from a hospital indicating that he had been treated there at some point. The note did not contain a date or time of treatment. The defendant failed to sufficiently explain his absence and his right to be present was waived.