People v. Reck CA5

INTRODUCTION

On September 17, 2014, in case No. VCF285703, appellant Michael Ray Reck pleaded no contest to voluntary manslaughter (Pen. Code,1 § 192) and admitted to personally using a firearm in the commission of the offense (§ 12022.5, subd. (a)). In addition, he admitted to having served one prior prison term (former § 667.5, subd. (b)). On October 23, 2014, in case No. VCF306715B, Reck pleaded no contest to two counts of assault by means of force likely to inflict great bodily injury (§ 245, subd. (a)(4)). On January 14, 2015, the trial court sentenced Reck to an aggregate determinate term of 24 years, consisting of 22 years for his conviction in case VCF285703, plus two years for his conviction in case No. VCF306715B. On June 28, 2023, the trial court recalled Reck’s sentence and struck the prior prison term enhancement (former § 667.5, subd. (b)), reducing Reck’s prison sentence to 23 years. On July 24, 2023, Reck filed a petition seeking resentencing on his conviction for voluntary manslaughter under section 1172.6—his third petition. The trial court denied his petition. On appeal, Reck claims that trial counsel’s waiver of his (Reck’s) presence at his resentencing…