On remand after a reversal of the sentencing, does a defendant have a right to be present and to be heard at the new sentencing hearing?

Defendant argues that we should treat the petition for resentencing as a sentencing hearing, at which a defendant has a due process right to be present and to be heard. He cites People v. Rodriguez (1998) 17 Cal.4th 253, which held that on remand after a reversal of the sentencing the defendant has a due process right to be present and to be heard at the new sentencing hearing. That case is easily distinguished because it dealt with a sentencing hearing at which the trial court would exercise its discretion in imposing the sentence. (Id. at pp. 258-260.) The petition for resentencing, on the other hand, is a postconviction proceeding during which a defendant may be given partial sentencing relief for a conviction already suffered, but only if the statute's requirements are met. Furthermore, at the initial screening, there is no discretion to be exercised by the trial court. Accordingly, People v. Rodriguez does not change our analysis.