People v. Chacon CA2/2

Filed 10/3/24 P. v. Chacon CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B331700

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA081947) v.

GASPAR CHACON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Reversed and remanded.

Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Wyatt E. Bloomfield, Supervising

Deputy Attorney General, and Christopher G. Sanchez, Deputy Attorney General, for Plaintiff and Respondent.

****** The trial court convened a resentencing hearing for Gaspar Chacon (defendant) in his absence based solely on defense counsel’s representation that he had “authority” to appear on defendant’s behalf. This was constitutional error, and this error was not harmless beyond a reasonable doubt. We accordingly reverse and remand for a new resentencing hearing at which defendant is present or makes a valid waiver of his presence. FACTS AND PROCEDURAL BACKGROUND I. Facts A. Underlying crime1 In May 2009, defendant went by the nickname “Menace.” After hearing from a neighbor that the man renting a room from the neighbor was late in paying his rent, defendant took it upon himself to intimidate the man. Defendant and a friend entered the man’s room while he was sleeping, told him he “had to pay [his] rent, Homie,” and proceeded to rain punches on him, ignoring the man’s cries for help. Defendant’s friend then told the man, “You better not report this or we will come for your daughter.” The man’s injuries to his face and scalp necessitated five sutures and 14 staples. B. Prosecution, conviction, sentencing and appeal In the operative information, the People charged defendant