People v. Achane
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In January 2020, Achane pleaded guilty to willfully inflicting corporal injury on a spouse or cohabitant (case 1); he was sentenced to an upper-term sentence of four years, suspended. On August 6, (case 2) Achane pleaded guilty to stalking and admitted violating probation in case 1. The court placed Achane on probation. On August 31, 2021, (case 3), Achane pleaded guilty to obstructing an executive officer. The trial court again placed Achane on probation. The probation department filed petitions to revoke probation in all three cases, alleging that in March 2022, Achane carried a loaded firearm in public, carried a concealed firearm, unlawfully possessed a firearm and ammunition, transferred an unmarked firearm, resisted arrest, and possessed a controlled substance while armed with a firearm.
The trial court revoked probation. A sentencing hearing was held in Achane’s absence after he told the court he did not wish to remain in the courtroom. The court acknowledged that the probation department recommended reinstating probation but ordered Achane to serve the case 1 suspended four-year aggravated term and consecutive eight-month, one-third middle terms in cases 2 and 3. The court of appeal affirmed, rejecting Achane’s argument that he was entitled to resentencing under legislation enacted after the initial imposition of sentence that limits courts’ discretion to impose an upper-term sentence and, in certain circumstances, creates a presumption in favor of a lower-term sentence. Achane forfeited those claims.
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