PEOPLE v. WILEN PART I
Defendant who has pleaded guilty to controlled substance crimes and who is subject of a petition for recovery of hazardous clean-up expenses has a right under Health and Safety Code Sec. 11470.2 to have liability for those expenses decided by a jury, and defendant has a right to be present when that liability is decided. Defendant whose right of personal presence was denied bears the burden of demonstrating prejudice. Where only contested issue was cost of clean up, defendant's absence at hearing was not prejudicial because defendant's presence was not likely to have affected jury's verdict.
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