California, United States of America
The following excerpt is from People v. Legardy, B243172 (Cal. App. 2014):
A "defendant whose right of personal presence [is] denied bears the burden of demonstrating prejudice." (People v. Wilen (2008) 165 Cal.App.4th 270, 290.) Defendant has not shown that he was prejudiced by his absence from sentencing. His counsel ably represented him, bringing a Romero motion and arguing against consecutive sentences. Defendant does not suggest in what manner his presence would have made a difference in the outcome. Defendant instead only argues that this error is structural,
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