By Linhchi Nguyen and Ramneet Singh
SACRAMENTO – Maybe it’s Zoom livestreamed hearings that have sometimes made it more difficult for judges and defendants to communicate over these past COVID-19 months.
And at a Friday sentencing hearing at Sacramento Superior Court, Judge Jaime R. Román had extreme difficulty processing a defendant’s plea agreement because of the defendant’s constant lack of attention and understanding of his own sentencing.
Both Judge Román and defense attorney Manuel Alvarado were forced to repeatedly tell the defendant, Kennon Powell, to stay seated, speak up, and face the camera.
Powell seemed to be confused on the terms of his plea agreement—he said he was shocked that he had to give up his constitutional rights to a speedy trial and be prohibited from owning firearms for the rest of his life. His option was to go to trial.
Powell, who is charged with unlawful possession of a firearm and controlled substances, appeared for his sentencing hearing from his own house through Zoom. His defense attorney, Alvarado, and Deputy District Attorney Danny Lee had agreed to go over his plea with the judge.
Lee stated that Powell had possession of a 40-caliber Glock within his residence on May 13, adding that Powell’s criminal history included transportation or sale of marijuana in 2010 in Solano County.
During a separate preliminary hearing, the court downgraded the second charge from a felony to a misdemeanor.
As Lee went over the conditions of the plea, Powell’s phone camera captured him walking around his home, causing Alvarado to speak up, “Mr. Powell, you will have to be seated.” Once Powell sat down, Alvarado warned him to “not move anymore.”
The judge then proceeded with the hearing. However, a couple times when Judge Román addressed Powell, the defendant replied with an incoherent answer.
Judge Román told Powell that he had to speak up with a clear “yes or no.” In one instance, Powell even logged out completely, causing the parties to pause until he logged back on to the Zoom conference.
When they reviewed Powell’s constitutional rights, Powell was silent when Judge Román asked him if he understood the rights that he was giving up in order to accept the plea.
“Mr. Powell, you have to accept the deal,” Alvarado told him. But Powell hesitated, saying, “He’s telling me more than you told me, so I don’t know.”
Alvarado had to quickly explain to Powell that the judge wasn’t telling him anything new—just the idea that Powell has to agree to give up his rights to a speedy jury trial and the ability to defend himself. “[The judge] is telling you what I said [previously], but he’s saying it a bit more professionally,” Alvarado explained to Powell.
Judge Román elaborated further to break down the specific rights in order to make sure Powell understood.
“You have the right to a speedy trial, a jury trial, cross-examine, present defense, use subpoenas, and the right to stay silent,” he said. “You can fight this charge and go to trial and have those rights I just explained to you. Or you can give all those rights up and plead no contest, and you’ll be convicted.”
Powell finally accepted the plea, but, despite this agreement, he still didn’t seem to understand the rest of his plea agreement, specifically the prohibition from legally owning firearms for the rest of his life. And he even asked the court whether he would be able to get off probation earlier than his two-year term.
Alvarado confirmed that Powell could not change the length of his probation and that he has to comply with all of the rules.
Finally, the hearing concluded with Judge Román finishing going over the consequences of the plea. Powell is expected to serve 180 days in county jail or work through a sheriff’s work program with two years of formal probation. If he fails to comply with those terms, he will be sentenced to state prison or receive an additional year of probation.
With Alvarado’s request, the court also waived some of the fees and fines for Powell except for the restitution fee and a $300 court fee.
Linhchi Nguyen is a fourth year at UC Davis, double majoring in Political Science and English. She currently lives in Sacramento, California. 
Ramneet Singh is a third-year student at the University of California, Davis. He is a Political Science major and is pursuing a History minor. He is from Livingston, California.
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