AC46936 -
State v. Walker (Carrying a pistol without a permit; persistent felony offender;
criminal possession of a pistol; “On appeal, the defendant claims that the
trial court violated his constitutional rights (1) to be present at all
critical stages of his prosecution when it determined that he waived that right
and tried and sentenced him in absentia, and (2) to counsel of his choice when
it denied his motion for a continuance to retain substitute counsel. We
disagree with the defendant’s claim that his constitutional right to counsel
was violated. We agree, however, that the trial court improperly determined
that he had waived his right to be present at trial and sentencing as to the
charge of being a persistent felony offender and therefore reverse the judgment
as to that charge only and remand the case for resentencing on the remaining
two convictions.”)