People v. Potts CA2/4

INTRODUCTION

Appellant Andre Dequin Potts (Potts) 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 as required under section 1172.6, subdivision (c).

FACTUAL AND PROCEDURAL BACKGROUND

In January 2012, Potts’s girlfriend got in a fistfight with another woman. During the course of that fight, Potts began to fight with another man. Potts shot the other man in the leg. He fled the state and was subsequently arrested and extradited. In September 2014, Potts pled no contest to attempted murder (§§ 664/187, subd. (a)), and admitted to personally using a firearm (§ 12022.53, subd. (b)) as well as inflicting great bodily injury (§ 12022.7, subd. (a)). He was sentenced to a term of 22 years. In October 2023, Potts filed a petition for resentencing under section 1172.6. The trial court denied the petition without appointing counsel or holding a hearing, finding Potts ineligible for relief. The court’s order said: “Because [Potts] was the actual shooter in this case, Penal Code [1172.6] does not apply…