The Defendant was tried and convicted in absentia of first degree statutory rape. On appeal, the Defendant argues the trial court violated CrR 3.4 and the sixth and fourteenth amendments to the United States Constitution by commencing trial in his absence. He also alleges various other errors. The appeal was certified to this court by Division Two of the Court of Appeals. We reverse.
Background
On January 19, 1979, the Defendant, Kenneth Jackson, was arrested and charged with first degree statutory rape. He was released on his personal recognizance on January 22, 1979. Clerk’s Papers, at 1-7. On February 5, 1979, Jackson appeared with counsel and entered a plea of not guilty. In Jackson’s presence an omnibus hearing was set for February 21, 1979, and trial was set for April 2, 1979. Clerk’s Papers, at 21-22.
Jackson appeared on February 21 and waived his right to be present at the omnibus hearing, which was held that afternoon. Report of Proceedings vol. 1, at 3. At the hearing, the court scheduled the victim’s deposition for March 1, 1979, and sent notice to the Defendant. On March 1, Jackson failed to appear at the deposition, and it was rescheduled for March 6.
On March 6, 1979, Jackson did not appear for the competency hearing prior to the deposition and the court issued a bench warrant. Clerk’s Papers, at 46-47. The hearing took place over defense counsel’s objections.
When Jackson failed to appear on the regularly scheduled trial date, April 2, 1979, the trial court found Jackson was voluntarily absent and, on April 3, decided to try him in absentia. Clerk’s Papers, at 61. The case was eventually called for trial in Jackson’s absence on June 13, 1979.
The jury found Jackson guilty of first degree rape. Sentencing was continued until Jackson could be apprehended. *361Jackson was arrested in California on the 1979 warrant and was returned to Washington in January 1992. On April 1, 1992, the court entered an order sentencing the Defendant to an exceptional sentence of 65 months to 20 years. Clerk’s Papers, at 147-62.
Analysis
The Defendant argues the trial court violated CrR 3.4 when it commenced trial in his absence. In State v. Hammond, 121 Wn.2d 787, 854 P.2d 637 (1993), we held CrR 3.4 prohibits starting trial in the absence of a criminal defendant. CrR 3.4(a) provides, in part:
The defendant shall be present at the arraignment, at every stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by these rules, or as excused or excluded by the court for good cause shown.
In Hammond, we determined CrR 3.4 should be interpreted like its federal counterpart, Fed. R. Crim. P. 43. Hammond, 121 Wn.2d at 791; see Crosby v. United States, 506 U.S. 255, 122 L. Ed. 2d 25, 113 S. Ct. 748 (1993). Except for the limited circumstances when the defendant is excused or excluded, CrR 3.4 permits trial to continue in the defendant’s absence only if the defendant was present when the trial commenced. Hammond, 121 Wn.2d at 793.
Like the defendant in Hammond, Jackson was present for various pretrial hearings but was absent when the case was called and when jury selection began. Jackson had not been excused or excluded, nor his absence otherwise provided for by the rules. Therefore, under Hammond, the trial court violated CrR 3.4 by trying him in absentia.
The State argues application of Hammond to this case violates principles of retroactivity. However, an appellate court’s newly announced rule in the criminal context is applied retroactively to all cases pending on direct review or not yet final. State v. Summers, 120 Wn.2d 801, 815-16, 846 P.2d 490 (1993) (citing In re St. Pierre, 118 Wn.2d 321, 326, 823 P.2d 492 (1992)). The principle of treating similarly situated defendants the same requires that we allow all defen*362ants whose cases are not yet final to benefit from the application of the new rule we established in Hammond. State v. Brown, 113 Wn.2d 520, 543, 782 P.2d 1013, 787 P.2d 906, 80 A.L.R.4th 989 (1989). Because Jackson’s appeal was pending when Hammond was decided, we apply the rule of Hammond to this case.
Under Hammond, it was error to try the Defendant in absentia. We need not reach the other arguments raised by the Defendant. The conviction is reversed.
Utter, Brachtenbach, Dolliver, Smith, Guy, and Mad-sen, JJ., concur.