KP-0357

Summary

Determining whether authority exists to prosecute in any specific situation requires multiple factual determinations, which are outside the scope of the opinion process of this office. 

The Sixth Amendment to the U.S. Constitution and article 33.03 of the Code of Criminal Procedure establish a right of the accused to be present in the courtroom through the conclusion of trial proceedings.  Under article 33.03, an accused’s right to be present at his trial is unwaivable even by the accused until such a time as the jury has been selected.