The Confrontation Clause in Article I, Section 23 of the North Carolina Constitution provides a defendant with the right to be present during each stage of his trial. State v. Miller, 146 N.C. App. 494, 499-500, 553 S.E.2d 410, 414 (2001). However, in a non-capital case, a defendant may waive the right to be present through his behavior.

"The failure to object at trial to the alleged denial of such a right constitutes waiver of the right to argue the denial on appeal." State v. Miller, 146 N.C.App. 494, 501, 553 S.E.2d 410, 415 (2001) (citations omitted).

"When a party fails to timely object at trial, he has the burden of establishing his right to appellate review by showing that the exception was preserved by rule or law or that the error alleged constitutes plain error." State v. Miller , 146 N.C. App. 494, 501, 553 S.E.2d 410, 415 (2001) (citations omitted). Defendant concedes plain error review is not available in this case.

Defendants' argue that the State has not met its burden in proving element two of the offense — proof of the underlying felony conviction for which defendants were incarcerated. To prove element two of the felonious escape charge, the defendant may stipulate to the underlying felony. State v. Miller, 146 N.C. App. 494, 503-04, 553 S.E.2d 410, 416 (2001). Absent the defendant's stipulation, the State may introduce testimony, exhibits, a certified copy of the superior court records, or a commitment issued under the hand and seal of the clerk of the superior court.

Under this Court's holding in State v. Reid, defendant has a right to be present during each stage of his trial, but, in a non-capital case, may waive that right through disruptive behavior. 151 N.C. App. 379, 386-87, 565 S.E.2d 747, 753 (citing State v. Miller, 146 N.C. App. 494, 499-500, 553 S.E.2d 410, 414 (2001), appeal dismissed and disc. rev. denied, 356 N.C. 622, 575 S.E.2d 522 (2002). N.C. Gen. Stat. § 15A-1032(a) (2003) authorizes the trial court to remove a defendant from the courtroom if the defendant's conduct is "so disruptive that the trial cannot proceed in an orderly manner."

We remand to the trial court for resentencing and imposition of judgment on the lesser included offenses of second-degree rape and second-degree sexual offense. SeeState v. Miller, 146 N.C.App. 494, 505, 553 S.E.2d 410, 417 (2001) (Which held the jury's verdict of the greater offense contained all the elements of the lesser included offense and remanded to the trial court for imposition of the lesser included offense).           IV.

We remand to the trial court for resentencing and imposition of judgment on the lesser included offenses of second-degree rape and second-degree sexual offense. See State v. Miller, 146 N.C. App. 494, 505, 553 S.E.2d 410, 417 (2001) (Which held the jury's verdict of the greater offense contained all the elements of the lesser included offense and remanded to the trial court for imposition of the lesser included offense). IV. Resentencing

We therefore remand for imposition of adjudication on two counts of false imprisonment and entry of a disposition consistent with the adjudication. See State v. Miller, 146 N.C.App. 494, 504-05, 553 S.E.2d 410, 417 (2001) (remanding for imposition of judgment and resentencing on lesser included false imprisonment when jury's verdict of guilty of second degree kidnapping contained all the elements of the lesser included offense of false imprisonment, and evidence was insufficient to prove kidnapping purpose alleged in indictment).         II.

The elements of the lesser included offense of false imprisonment are the (1) intentional and unlawful, (2) restraint or detainment of a person, (3) without that person's consent. State v. Miller, 146 N.C. App. 494, 505, 553 S.E.2d 410, 417 (2001). Defendant's theory of the case is that the letter written by the victim accurately portrayed the events of 20 August 2001, and this evidence negates a purpose to terrorize the victim at any point during that time.