People v. Washington CA2/2

BACKGROUND

In 2002, appellant was convicted of criminal threats (Pen. Code, § 422).1 He was sentenced to 45 years to life in prison, which included 25 years to life, plus four five-year enhancements for prior serious felonies (§ 667, subd. (a)). Two one-year enhancements for prior prison terms (§ 667.5, subd. (b)) were imposed but stayed. In 2024, his case was set for resentencing under sections 1172.7, subdivision (a) and 1172.75, subdivision (a). On July 15, 2024, counsel appeared for appellant’s resentencing, and the trial court continued the hearing, ordering appellant to appear at the next hearing date. On October 22, 2024, the trial court called the matter for resentencing and noted that appellant “has not been removed from” prison. The court “re-ordered [him] out” for the next hearing date. On December 10, 2024, the trial court convened the resentencing hearing, and appellant was again “not present before the court.” Counsel had filed a “waiver of personal appearance” dated March 14, 2023, which stated that appellant had “been advised of his . . . right to be present at all stages of the proceedings,” and “hereby waives the right to be present at the hearing of any motion…