Questão jurídica principal
Whether the cantonal court cured the earlier violation of the right to be heard by holding a new hearing with the appellant's counsel present.
Decisão extraída
No. The hearing was purely formal and did not allow the defect to be cured, as the court did not address the appellant's arguments or proportionality.
Fundamentação extraída
The cantonal court repeated the earlier reasoning, ignored what was said at the 29 April 2009 hearing, and failed to examine proportionality under Art. 69 CP.