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STATE v. LUNA

936 A.2d 957 (2007)

193 N.J. 202

STATE of New Jersey, Plaintiff-Respondent, v. Daniel LUNA, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 19, 2007.

Attorney(s) appearing for the Case

Gilbert G. Miller, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Catherine A. Foddai, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney).

Chief Justice RABNER delivered the opinion of the Court.

This case involves a defendant who was tried and convicted in absentia while the court and counsel knew he was in jail in another state. Because the court did not conduct an inquiry to determine whether defendant willingly absented himself from trial, it is not possible to infer that defendant knowingly waived his right to be present. For that reason, we reverse defendant's convictions and remand for...

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