P. v. Hannah
Following a jury trial, appellant Terry Lee Hannah was convicted of making criminal threats (Pen. Code, § 422)[1] and exhibiting a deadly weapon (§ 417, subd. (a)(1)). Outside the presence of the jury, Hannah admitted that he had suffered a prior conviction for a serious and/or violent felony (§ 667, subds. (b)-(i)) and that he had served a prior prison term (§ 667.5, subd. (b)). The trial court sentenced Hannah to an aggregate term of five years in state prison.
On appeal, Hannah contends that his constitutional right to be present at trial was violated. We agree and therefore need not address his further contention that application of section 4019 violated his equal protection rights. The judgment is reversed.
Comments on P. v. Hannah