The Court of Appeal found the trial court erred by (1) resentencing appellant his absence and without valid waiver of his right to be present, and (2) declining to hold a hearing under People v. Franklin (2016) 63 Cal.4th 261, due to its belief that Franklin hearings are conducted by the “parole department.” A criminal defendant has a federal and state constitutional right to be present at all critical stages of the criminal prosecution, which includes resentencing. (People v. Cutting (2019) 42 Cal.App.5th 344, 347-348.) The error was not harmless under Chapman v. California (1967) 386 U.S. 18. Additionally, Franklin hearings are held in the superior court. The matter was remanded for a new resentencing hearing and for the trial court to conduct a Franklin hearing if appellant requests one.