E083164
Cal. Ct. App.Jan 14, 2025Background
- Defendant David DeLeon Lara was convicted of first-degree premeditated murder, including firearm enhancements and a special circumstance allegation.
- At the time of the crime, Lara was 16 years old, so he was not sentenced to life without parole.
- Initial sentence was 50 years to life (25 years to life for murder + 25 years to life for gun enhancement).
- On appeal, the case was remanded for resentencing after recent Supreme Court guidance (People v. Tirado) allowed consideration of lesser firearm enhancements.
- Upon resentencing, the hearing was conducted without Lara's physical presence; only counsel appeared, and court relied on counsel's representation of Lara's waiver by phone.
- The trial court also failed to recalculate and award updated custody credits at resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Resentencing in Absence | Defense counsel’s waiver was enough | No valid waiver; should be present | Resentencing in absence without valid waiver was error |
| Custody Credits Calculation | Can recalculate credits on remand | Court failed to recalculate | Court must recalculate custody credits on remand |
Key Cases Cited
- People v. Tirado, 12 Cal.5th 688 (Cal. 2022) (trial courts have discretion to strike firearm enhancements and impose lesser ones at resentencing)
- People v. Concepcion, 45 Cal.4th 77 (Cal. 2008) (right to be present at critical stages of criminal proceeding)
- People v. Davis, 36 Cal.4th 510 (Cal. 2005) (waiver of presence through counsel requires evidence defendant understood their right)
- People v. Buckhalter, 26 Cal.4th 20 (Cal. 2001) (resentencing requires recalculation of custody credits)
- Chapman v. California, 386 U.S. 18 (U.S. 1967) (constitutionally required harmless error standard)