P. v. Douglas CA2/4
Defendant and appellant Rajohn Charles Douglas was convicted by jury of three counts of second degree robbery (Pen. Code, § 211) and two counts of second degree commercial burglary (§ 459). He was sentenced to a term of 28 years 4 months. Appellant filed a petition under Proposition 47 to reduce his burglary convictions to misdemeanors. The trial court denied the petition without holding an evidentiary hearing. The sole contention on this appeal is whether the trial court erred in failing to hold an evidentiary hearing. Respondent concedes that the failure to hold a hearing was error and that the matter accordingly should be remanded. We agree and therefore reverse and remand for an evidentiary hearing. Appellant has the right to counsel and the right to be present at the hearing.
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