During the defendant's trial for delivery of a controlled substance, he should have been present during individual questioning of prospective jurors. While the trial court informed the defendant that if he continued his unruly behavior he would be placed in a holding cell, the court did not later find him disruptive and commented on his improved behavior during defense counsel's general voir dire. Nothing in the record indicates that the defendant waived his right to be present. Remarks by defense counsel indicated that the defendant wanted to be present and no explanation was provided for the defendant's absence from individual questioning during voir dire.

Sumrell v. State No. 05-08-00732-CR