P. v. Martinez CA2/7
A jury found Julio Martinez guilty of robbery after a trial at which Martinez represented himself. After the verdict, Martinez refused to return to the courtroom from his cell in lockup for the trial on the allegations of seven prior convictions, one of which was for a serious felony. The trial court appointed stand-by counsel to represent Martinez, including for the trial on the allegations of Martinez’s prior convictions, which the jury found true.
At the sentencing hearing two weeks later, Martinez was again absent. Based on Martinez’s conduct after the verdict and statements he made to his attorney and the bailiff, the trial court ruled that Martinez was voluntarily absent from the sentencing hearing. The court proceeded with the hearing in Martinez’s absence and sentenced Martinez to a prison term of 11 years.
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