People v. Martin CA4/2
Opinion
Opinion
INTRODUCTION
Defendant Robert Louis Martin appeals the trial court’s denial of his petition to
modify his indeterminate sentence of 26 years to life. (Pen. Code, § 1170.126.)
Defendant argues that he did not waive his personal appearance at the hearing; his trial
counsel provided ineffective assistance of counsel; and the trial court abused its
discretion.
We conclude defendant was denied his constitutional right to attend the sentencing
hearing. We vacate the order denying defendant’s petition and remand for the trial court
to conduct a new hearing at which defendant is present.
II
FACTUAL AND PROCEDURAL BACKGROUND
A. The 1997 Crimes
Defendant’s sentence in this case was imposed after his conviction in 1998. In an
earlier appeal, the facts were described by the California Supreme Court as follows:
“On June 3, 1997, defendant Robert Louis Martin was living with his girlfriend,
Janelle Davis, and her 19-year-old son, Guy Davis, in Hemet, California. Sometime in
the late afternoon a family altercation commenced at the home during a visit by Janelle’s
nephew, Charles Trip, and his wife, Nicole Trip. Defendant returned home with his three