People v. Caballero CA2/2

DISCUSSION

I. The Trial Court Erred in Summarily Denying

Caballero’s Petition for Resentencing Without Appointing Counsel The trial court denied Caballero’s section 1172.6 petition on the ground that he was ineligible for relief because he admitted to killing the victims (in self-defense). (See § 189, subd. (e)(1).) The court erred in doing so before it had appointed counsel for Caballero. A. Standard of Review We review de novo the trial court’s order summarily denying Caballero’s section 1172.6 petition. (See People v. Beaudreaux (2024) 100 Cal.App.5th 1227, 1238–1239 (Beaudreaux); see also Lewis, supra, 11 Cal.5th at p. 961.)

4 Caballero was later sentenced to additional prison time in Los Angeles Superior Court case No. BA121195, to run consecutive to his sentence in case No. BA083881. That additional sentence is not relevant to this appeal.

3 B. Procedure to Assess Eligibility for Section 1172.6 Resentencing Relief A few years ago, the California Legislature modified the Penal Code’s treatment of some defendants charged with unlawful killings. Effective January 1, 2019, Senate Bill No. 1437 (2017–2018 Reg. Sess.) eliminated murder liability for certain…