People v. Davila CA2/4

INTRODUCTION

Defendant Juan Manuel Davila (Davila) appeals from an order finding him ineligible for resentencing relief pursuant to Penal Code section 1171.1 (1172.75).1 Davila contends the court erred by finding him ineligible for resentencing relief, failing to appoint counsel to represent him, and in making a resentencing determination in his absence without obtaining a valid waiver of his right to be present. We agree and reverse the order finding Davila ineligible for relief and remand the matter for a resentencing hearing consistent with section 1172.75.

FACTUAL AND PROCEDURAL BACKGROUND

I. Conviction and Sentence

In 1997, a jury convicted Davila of possession of a firearm by a felon (§ 12021, subd. (a)(1)) and possession of a short-barreled shotgun (§ 12020, subd. (a)). Davila admitted the allegations that he suffered two prior strike convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)), and that he served two prior prison terms for those convictions (§ 667.5, subd. (b)). The trial court sentenced Davila to an aggregate term of 27 years to life, consisting of 25 years to life under the Three Strikes law plus two…