context: Moreover, a criminal defendant's statutory and constitutional rights to be present are personal to him or her; they generally cannot be waived through counsel, unless the defendant and counsel have previously discussed the matter and agreed upon the waiver.
citation_a.signal: no signal
citation_a.parenthetical: waiver ineffective when counsel purported to waive defendant's right without discussion
citation_a.sentence: Compare State v. Lopez, 271 Kan. 119, 132, 22 P.3d 1040 (2001) (waiver ineffective when counsel purported to waive defendant’s right without discussion), with State v. Sandstrom, 225 Kan. 717, 722, 595 P.2d 324 (waiver effective when undisputed that defendant, through counsel, waived right to be present at hearings), cert. denied 444 U.S. 942 (1979).
citation_b.signal: see also
citation_b.parenthetical: "While an attorney may malee representations to the court which bind the client, defense counsel can only waive the rights of clients as long as those rights are not inherently personal, fundamental rights."
citation_b.sentence: See also State v. Larraco, 32 Kan. App. 2d 996, 1001, 93 P.3d 725 (2004) (“While an attorney may malee representations to the court which bind the client, defense counsel can only waive the rights of clients as long as those rights are not inherently personal, fundamental rights.”).