People v. Sibley CA2/4

Filed 12/19/24 P. v. Sibley CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B335415

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA078091) v.

GERALD SIBLEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard M. Goul, Judge. Reversed and Remanded. James M. Crawford, 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, Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Eric J. Kohm, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Defendant Gerald Sibley (Sibley) was resentenced pursuant to Penal Code section 1172.75.1 At the resentencing hearing, the trial court reduced Sibley’s prison sentence by striking two sentencing enhancements now rendered invalid under section 1172.75. Sibley appeals the order reducing his sentence, arguing he had the right to be present for his resentencing and that the court erred by conducting the hearing in his absence and without obtaining a waiver of his right to be present. We agree and reverse the order and remand the matter for a new hearing.

FACTUAL AND PROCEDURAL BACKGROUND I. Conviction and Sentence In 2008, a jury convicted Sibley of carjacking (§ 215, subd. (a)) and second-degree robbery (§ 211). The jury also found true the special allegation that Sibley used a firearm during the commission of the carjacking (§ 12022, subd. (b)(1)). The court found true the special allegations that Sibley suffered three prior convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), as well as two prior serious felony convictions (§ 667, subd. (a)) and four prior prison terms (§ 667.5, subd. (b)). Sibley was sentenced to an aggregate term of 40 years to life, as follows: 25 years to life under the Three Strikes law, five years for each of the enhancements under section 667 (10 years total), one year for each of the enhancements under section 667.5 (four years total), and one year for the firearm enhancement (§ 12022, subd. (b)(1)).