People v. Greer CA2/7

INTRODUCTION

Ronnie Greer appeals the trial court’s order resentencing him under Penal Code section 1172.75.1 Greer was convicted of escaping from custody in 2000. He was sentenced to six years, imposed consecutively to a separate sentence of 35 years to life on burglary charges. In 2023, the California Department of Corrections and Rehabilitation (CDCR) identified Greer’s escape conviction as eligible for section 1172.75 resentencing. At the resentencing hearing, the trial court agreed Greer was eligible for resentencing and reduced Greer’s sentence from six to four years. Greer was not present at the hearing and was not represented by counsel. Believing Greer had already served his sentence for escape concurrently to his indeterminate sentence for burglary, the court stated it would not appoint counsel for Greer and had not obtained Greer’s waiver of the right to be present at his resentencing proceedings. Greer argues the trial court erroneously denied him the statutory right to appointed counsel and his statutory and constitutional right to be present at resentencing. The People concede the errors. We agree and remand for a full resentencing in accordance with section…