Vaidik, C.J.
Kevin A. Mathews appeals his conviction for Class B felony robbery. The victim in this case was trying to redeem her casino tickets at a kiosk when Mathews walked off with them; the victim chased after him and was injured. Due to the victim’s declining health, she was unable to return to Indiana for Mathews’ jury trial. The State notified defense counsel that it wanted to treat the victim’s upcoming deposition as a trial deposition. The State and defense counsel were at the Shelby County Prosecutor’s Office, and the victim was in Louisiana. The deposition was conducted via Skype and then transcribed. Although Mathews was out on bond and had notice of the deposition, he did not attend the victim’s deposition. The victim did not attend Mathews’ jury trial, and her deposition was admitted into evidence.
Mathews argues that the admission of the victim’s deposition violated his rights under Article 1, Section 13 of the Indiana Constitution because he was not present at the deposition. We find no violation. First, the victim was unavailable at the time of trial because of her declining health. Next, the victim’s deposition was obtained pursuant to procedures designed to elicit the truth. That is, the victim’s testimony was given under oath and transcribed by a court reporter.
Finally, we find that Mathews waived his right to a face-to-face confrontation by failing to attend the victim’s deposition. Mathews was free on bond, yet he did not attend the deposition. The State formally extended an offer to Mathews to attend the deposition, but defense counsel gave no reason at the deposition for his client’s absence.
Because Mathews waived his right to confront the victim face to face, we affirm the trial court.
Baker, J., and Riley, J., concur.