People v. Sibley CA2/4

INTRODUCTION

Defendant Gerald Sibley (Sibley) was resentenced pursuant to Penal Code section 1172.75.1 At the resentencing hearing, the trial court reduced Sibley’s prison sentence by striking two sentencing enhancements now rendered invalid under section 1172.75. Sibley appeals the order reducing his sentence, arguing he had the right to be present for his resentencing and that the court erred by conducting the hearing in his absence and without obtaining a waiver of his right to be present. We agree and reverse the order and remand the matter for a new hearing.

FACTUAL AND PROCEDURAL BACKGROUND

I. Conviction and Sentence

In 2008, a jury convicted Sibley of carjacking (§ 215, subd. (a)) and second-degree robbery (§ 211). The jury also found true the special allegation that Sibley used a firearm during the commission of the carjacking (§ 12022, subd. (b)(1)). The court found true the special allegations that Sibley suffered three prior convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), as well as two prior serious felony convictions (§ 667, subd. (a)) and four prior prison terms (§ 667.5, subd. (b)). Sibley was…