People v. Johnson CA2/5

DISCUSSION

A. Legal Principles

As pertinent here, section 1172.6, subdivision (a) permits a defendant convicted of murder to seek vacatur of their conviction if the conviction rests on “the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime.” Upon receipt of a facially sufficient petition, the trial court will appoint counsel, if requested. (People v. Lewis (2021) 11 Cal.5th 952, 967; § 1172.6, subd. (b)(3).) “After the parties have

3 had an opportunity to submit briefings, the court shall hold a hearing to determine whether the petitioner has made a prima facie case for relief. If the petitioner makes a prima facie showing that the petitioner is entitled to relief, the court shall issue an order to show cause.” (§ 1172.6, subd. (c).) Within 60 days of issuance of the order to show cause, the trial court shall hold a hearing “to determine whether the petitioner is entitled to relief.” (Id., subd. (d)(1) & (3).) The court’s failure to appoint counsel is a violation of state law, which we review for error under People v. Watson (1956) 46 Cal.2d 818. (People v. Lewis, supra,…