People v. Jackson CA4/2

INTRODUCTION

Defendant and appellant Duwayne Jackson appeals a judgment following his

resentencing pursuant to Penal Code1 section 1172.75. Defendant was represented by

counsel during the resentencing hearing, but was not personally present and did not waive

his right to be present. We conclude the court erred in conducting the hearing in

defendant’s absence, but the error was harmless since he had already fully served his

sentence on this case at the time of the resentencing. However, we remand the matter for

the court to recalculate his custody credits and amend the abstract of judgment.

PROCEDURAL BACKGROUND

On May 30, 2002, defendant entered a guilty plea to one count of evading an

officer (Veh. Code, § 2800.2, subd. (a), count 1), and one count of being a felon in

possession of a firearm (§ 12021, subd. (a)(1), count 2), and he also admitted having one

prison prior, within the meaning of section 667.5, subdivision (b). The parties stipulated

that he would receive no more than three years as a sentence, and that term would be

served concurrently with any time he received if convicted in a separate attempted

murder case. In September 2002, the trial court imposed…