People v. Keene CA4/1

DISCUSSION

I. Keene Waived His Appearance at Resentencing Keene contends the trial court violated his right to due process of law when it conducted the resentencing hearing in his absence. We disagree.

3 A. Additional Background 1. Waiver of Appearance The trial court originally set Keene’s resentencing for March 1, 2024. Keene did not appear for the hearing. Thereafter, the court continued the resentencing hearing multiple times due to his nonappearance, each time requesting that defense counsel either prepare a transport order if Keene wanted to be present or a written waiver of appearance if he did not. On September 9, Keene filed a resentencing brief that included his

written waiver of appearance.2 Keene argued “[m]any defendants forego returning to court for re-sentencing[,] as it might affect programming, housing arrangements or other aspects of their sentence.” He further argued the written waiver was a “valid waiver of [his] rights for re-sentencing herein”; he “was advised of the right to be present for all critical stages of the proceedings”; and “knowingly waive[d] his presence in court so that counsel and the court can determine the appropriateness of re-sentencing…