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Cesari v. State

After the defendant voluntarily absented himself from the courtroom and then returned and asked to be let inside, the trial court denied him his right to be present during a critical stage of the proceedings when it agreed to have a deputy keep the defendant outside the courtroom until his defense counsel had an opportunity to speak with him to determine if he was intoxicated, and he did not acquiesce in any waiver by counsel once he made known that he was attempting to return to court.

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Brandon Cesari and Daniel Boccia were tried jointly before a jury for crimes resulting from an altercation that occurred behind a fraternity house on the campus of the Georgia Institute of Technology Georgia Tech. Cesari and Boccia both were indicted for armed robbery OCGA § 16-8-41; two counts of aggravated assault with intent to rob OCGA § 16-5-21 b 1; carrying a weapon in a school safety zone OCGA § 16-11-127.1; and battery OCGA § 16-5-23.1 b. The jury convicted Cesari on all counts, and he appeals from the denial of his motion for new trial.1 Cesari contends that he was denied his right to be present during a critical stage of the proceedings, and argues that he received ineffective assistance of counsel. For the reasons that follow, we reverse and remand.

Viewed in the light most favorable to the verdict, Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that following a University of Georgia—Georgia Tech football game, Georgia Tech student Blake Bauer was in a friend’s room at the Pi Kappa Phi fraternity house when he heard someone banging on the window. He went outdoors to investigate and saw two men who rushed at him and punched him in the face. He identified the men in court as Cesari and Boccia. He testified that Boccia punched him first, then Cesari punched him. The men punched him at least ten times in the face.

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