A161306

The Court of Appeal held that appellant was deprived of his constitutional and statutory right to be present at his resentencing hearing where defense counsel merely told the court that appellant was not present and made no representation that appellant knew he had a right to be present or that he voluntarily waived that right. The Court further found that the error was not harmless, despite the fact that appellant bargained for a specified sentence and received the benefit of his bargain.

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