People v. Martin CA4/2

Good Law
Court of Appeal of CaliforniaJuly 21, 2014E058888California2,399 words

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

All statutory…

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