P. v. Dapont CA6
Appellant Jackson Arion Dapont pleaded no contest in two criminal cases to burglary (Pen. Code, § 459) and unlawful access card activity (Pen. Code, § 484i, subd. (c)) and was sentenced to a stipulated aggregate term of six years in prison. Upon notification by the California Department of Corrections and Rehabilitation (CDCR) of several errors in the imposition of the stipulated sentence, the trial court resentenced Dapont—in his absence and without his consent—to a differently structured six-year term, during which he would be definitively ineligible for early parole consideration under Proposition 57, the Public Safety and Rehabilitation Act of 2016. Because we are unable to conclude beyond a reasonable doubt that Dapont was not prejudiced by the denial of his constitutional right to be present, we reverse and remand the matter for a new resentencing hearing.
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