What is the test for a rehearing of a motion to revoke an order denying appellant's right to attend a hearing on his petition?

California, United States of America


The following excerpt is from People v. Huffman, A147980 (Cal. App. 2018):

On August 13, 2014, the trial court denied appellant's petition on the ground that he posed a threat of danger to public safety. However, on October 19, 2015, this court vacated the August 2014 order after determining the trial court erroneously concluded that appellant had waived his right to appear at the hearing on his petition. Accordingly, the matter was remanded "for a rehearing, either with appellant present, or with his waiver duly noted and filed with the court." (People v. Huffman (Oct. 19, 2015, A142785).)3

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