his attendance at trial. He also claims that the jury’s findings of particular cruelty and particular vulnerability are insufficient to justify a departure from the presumptive sentence. We address each claim in turn. I. “Like any constitutional right, the right to be present at trial may be waived by the accused,” State v. Cassidy, 567 N.W.2d 707, 709 (Minn.1997). A defendant who voluntarily and without justification absents himself from trial after the trial has commenced waives his right to be present. State v. Worthy, 583 N.W.2d 270, 277 (Minn.1998) (recognizing right to be present at trial may be waived if done so competently and intelligently); State v. Utecht, 228 Minn. 44, 48, 36 N.W.2d 126, 128 (1949); see also Pearson v. United States, 325 F.2d 625, 626-27 (D.C.Cir.1963) (<HOLDING>). In Worthy, the supreme court concluded that a
holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment holding that the movants assertion that he failed to advise the plea court of counsels alleged deficiencies because he blamed himself for his lack of funds was undermined by the fact that the plea court advised the movant that he had the right to appointed counsel if he could not afford to pay for counsel holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present holding that trial court abused its discretion in denying petitioners request for counsel in evidentiary hearing where petitioner had requested counsel and had indicated in his motion that all documents had been prepared by prison law clerk he had only ninthgrade education he had no training in the law and he lacked the skills necessary to participate in hearing holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live