The Court of Appeal agreed with appellant’s argument that the waiver of his personal presence at resentencing presented by his attorney was invalid and the resentencing court prejudicially erred in holding the hearing in his absence. Defense counsel’s statement in his resentencing brief, and confirmation at the resentencing hearing, that “[d]efendant waives his right to be personally present” did not provide evidence that appellant understood the right he was waiving and the consequences of doing so.
Panel Victories
