People v. Bowen CA2/7

INTRODUCTION

Blake Louis Bowen was convicted and sentenced to the upper term of three years for stalking. We previously remanded for resentencing due to a change in the law that prohibits the imposition of an upper term sentence unless the facts underlying any aggravating circumstances justifying the upper term (other than a prior conviction) “have been stipulated to by the defendant or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial.” (Pen. Code, § 1170, subd. (b)(2), as amended by Stats. 2021, ch. 731, § 1.3.)1 At his resentencing hearing, Bowen was sentenced to the middle term of two years. In this appeal, Bowen contends the trial court prejudicially erred when it conducted the resentencing hearing in his absence. We reverse and remand with directions.

PROCEDURAL BACKGROUND

In 2020, a jury found Bowen guilty of one count of stalking in violation of section 646.9.2 While awaiting sentencing, Bowen requested new counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). He presented the trial court with an eight-page list of issues he had with his current counsel. The court denied his motion. Bowen renewed his…