People v. Sepulveda CA2/4

INTRODUCTION

Appellant Juan Antonio Sepulveda (Sepulveda) petitioned the trial court for resentencing under Penal Code section 1172.6.1 The court summarily denied his petition without appointing counsel. We reverse and remand with directions to appoint counsel and conduct the prima facie inquiry required by section 1172.6, subdivision (c).

FACTUAL AND PROCEDURAL BACKGROUND

We draw some of the facts here from the opinion on Sepulveda’s direct appeal from his conviction, issued by a prior panel of this court in 2010. (People v. Sepulveda (May 26, 2010, B215316) [nonpub. opn.].) Sepulveda and Rosemary Arellanes (Arellanes) had an “off and on” romantic relationship beginning in 2004, and were the parents of a child. (People v. Sepulveda, supra, B215316, at p. 1.) Arellanes also developed a relationship with her coworker, Alberto Garcia (Garcia). (Ibid.) During the month of November 2007, Sepulveda threatened both Garcia and Arellanes multiple times, said if he saw Arellanes with any other man he would kill them both, and gave Arellanes a black eye. (Ibid.) At 2:00 a.m. on the morning of December 3, 2007, Arellanes got off her work shift; Garcia drove her home, then returned to…