In re Adams CA4/3
We affirmed a judgment against petitioner Darrell Edward Adams but remanded to the trial court for resentencing as a result of two sentencing errors. Following the issuance of the remittitur, the trial court held a hearing and addressed the problems identified in the appellate opinion. However, petitioner’s presence was not secured at the resentencing hearing. The absence of petitioner at his resentencing hearing represents constitutional error and the Attorney General has not demonstrated that the error was harmless beyond a reasonable doubt. We therefore order another resentencing hearing, this time with petitioner present.
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