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: see also
citation_a.identifier: 32 Kan. App. 2d 996, 1001
citation_a.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_a.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.”).
citation_b.signal: no signal
citation_b.parenthetical: waiver ineffective when counsel purported to waive defendant's right without discussion
citation_b.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).