P. v. Govan
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Defendant appealed from a judgment of conviction after the jury found him guilty with respect to four victims of three counts of false imprisonment by violence; three counts of forcible oral copulation; three counts of forcible rape; and one count of attempted forcible rape. Defendant contended that the trial court abused its discretion and deprived him of due process by ordering him to wear a restraint belt during jury selection, which was held in an unsecured jury assembly room instead of a courtroom because of the pandemic. Further, he argued that the trial court violated his constitutional and statutory rights by receiving the jury verdicts in his absence.
The Second Appellate District affirmed the judgment of conviction, vacated the sentence, and directed the trial court to resentence Defendant per sections 654 and 1170, subdivision (b), and any other applicable ameliorative legislation. The court agreed that the trial court abused its discretion in requiring Defendant to wear a restraint belt without making an individualized finding at the time of jury selection that Defendant posed a safety or flight risk or that he was likely to disrupt the proceedings; however, the error was harmless. Further, the court held that there was no constitutional violation because Defendant’s absence during the reading of the verdicts did not interfere with his ability to defend against the charges. However, the court held that Defendant is entitled to resentencing under amended section 654 because the one-strike law does not preclude a stay under section 654.
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