People v. Washington CA2/2

Filed 2/23/26 P. v. Washington CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B343173

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. NA051163)

TRACY BERNARD WASHINGTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Modified and affirmed with directions. Christina Vanarelli, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland and Susan Sullivan Pithey, Assistant Attorneys General, Noah P. Hill and Deepti Vaadyala, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________________

Tracy Bernard Washington (appellant) appeals from a resentencing order, asserting that the trial court improperly proceeded in his absence. We reject his contention and affirm, but direct the trial court to correct the abstract of judgment to show that two one-year enhancements were stricken rather than stayed. BACKGROUND In 2002, appellant was convicted of criminal threats (Pen. Code, § 422).1 He was sentenced to 45 years to life in prison, which included 25 years to life, plus four five-year enhancements for prior serious felonies (§ 667, subd. (a)). Two one-year enhancements for prior prison terms (§ 667.5, subd. (b)) were imposed but stayed. In 2024, his case was set for resentencing under sections 1172.7, subdivision (a) and 1172.75, subdivision (a). On July 15, 2024, counsel appeared for appellant’s resentencing, and the trial court continued the hearing, ordering appellant to appear at the next hearing date. On October 22, 2024, the trial court called the matter for resentencing and noted that appellant “has not been removed from” prison. The court “re-ordered [him] out” for the next hearing date. On December 10, 2024, the trial court convened the resentencing hearing, and appellant was again “not present before the court.” Counsel had filed a “waiver of personal appearance” dated March 14, 2023, which stated that appellant had “been advised of his . . . right to be present at all stages of the proceedings,” and “hereby waives the right to be present at the hearing of any motion or other proceeding in this cause including