P. v. Motuapuaka CA1/3
Defendant Sione Motuapuaka appeals an order resentencing him after the trial court was made aware of an error in his original sentence. He contends he was deprived of his constitutional and statutory rights to be present at the hearing. We agree defendant had a right to be present that he did not waive, and because we are not persuaded beyond a reasonable doubt that this error was harmless, we remand the matter for resentencing.
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