People v. Patel CA2/8

DISCUSSION

A defendant has a constitutional right to be present at all critical stages of a criminal proceeding. (U.S. Const., 6th & 14th Amends.; Cal. Const., art. I, § 15.) The state constitutional right to be present is generally deemed to be “coextensive with the federal due process right.” (People v. Basler (2022) 80 Cal.App.5th 46, 57.) Sentencing and resentencing hearings are considered critical stages. (People v. Nieves (2021) 11 Cal.5th 404, 508 (Nieves); People v. Doolin (2009) 45 Cal.4th 390, 453;

3 People v. Rouse (2016) 245 Cal.App.4th 292, 300.) Several courts have concluded an evidentiary hearing on a resentencing petition pursuant to Penal Code section 1172.6 qualifies as a critical stage in a criminal proceeding. (See, e.g., People v. Quan (2023) 96 Cal.App.5th 524, 534 (Quan); Basler, at p. 58.) We agree. A criminal defendant may waive his right to be present “provided the waiver is knowing, intelligent, and voluntary.” (People v. Cunningham (2015) 61 Cal.4th 609, 633.) Penal Code section 977, subdivision (b) provides in relevant part that a defendant’s waiver of the right to be “physically or remotely present may be in writing and filed with the court or, with…