California, United States of America
The following excerpt is from People v. Santana, B286557 (Cal. App. 2018):
court's ruling. Despite finding no good cause for defendant's absence, the trial court, with defense counsel's agreement, proceeded to hear the matter on the merits. The court conducted a hearing at which it considered the briefs and evidence and heard argument from counsel. This, in our view, is the very nature of the hearing afforded by section 1473.7. (Cf. People v. Duvall (1995) 9 Cal.4th 464, 485 [evidentiary hearings required where the "proper resolution of a [petition] may hinge on the credibility of a witness"]; Rose v. Superior Court (2000) 81 Cal.App.4th 564, 575 ["evidentiary hearings afford counsel the opportunity to present live testimony, examine former defense counsel, orally argue the case, and respond to any concerns by the court"].) The trial court's ruling did not, as defendant asserts on appeal, "prevent [his] access to justice."
D. Continuance
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