P. v. Lais
In an earlier opinion, we reversed several counts against defendant Ronald Eugene Lais for the unauthorized practice of law (UPL) (Bus. & Prof. Code, 6126, subd. (b)) based on the insufficiency of the evidence, and we remanded the matter for resentencing. (People v. Lais (May 14, 2008, G036205) [nonpub. opn.].) On remand, the trial court sentenced Lais to 12 years and eight months in prison for the 17 remaining counts of UPL, including an enhancement for some of these crimes while out on bail. (Pen. Code, 12022.1, subd. (b).) Lais contends the trial court erred by resentencing him without addressing his request to appoint a new lawyer made six months earlier, just before remittitur of our opinion. As we explain, however, Lais abandoned that request. Simply put, the record demonstrates Lais requested new counsel under the impression his trial attorney had withdrawn. But although Lais himself chose not to appear at the new sentencing hearing or any of the five hearings leading up to sentencing, his trial attorney appeared at each of the hearings and Lais was so notified by mailed copies of the trial courts minute orders. Consequently, there was no basis for appointment of new counsel, who had not withdrawn. Court therefore affirm the trial courts sentencing order. Both parties agree the trial court correctly determined Lais was entitled to 1,123 days of actual custody credits, but omitted an amended abstract of judgment reflecting the figure, which Court direct the court to prepare and file.
Comments on P. v. Lais