Cleo L. Moore, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' decision and remanded, holding that the trial court did not abuse its discretion in proceeding under Art. 33.03 because sufficient evidence showed the defendant voluntarily absented himself, and that appellate review may consider evidence developed after the trial court's ruling. The court also rejected the requirement that a trial court consider a complex of factors before proceeding. Justice Clinton, concurring, agreed with the judgment but questioned the finding of affirmative evidence of voluntary absence.