People v. Itehua CA2/2

DISCUSSION

We review de novo the trial court’s order summarily denying Itehua’s petition. (See People v. Beaudreaux (2024) 100 Cal.App.5th 1227, 1238–1239 (Beaudreaux); see also People v. Lewis (2021) 11 Cal.5th 952, 960–961 (Lewis).) We agree with the People the trial court erred by not following the procedure outlined by the Supreme Court in Lewis. But because Itehua has not shown he was prejudiced by the error, we affirm. (See id. at pp. 957–958.) A defendant seeking resentencing relief under section 1172.6 must file a petition that includes several required components, including a declaration averring he meets all the eligibility conditions for resentencing. (§ 1172.6, subds. (a)(1)–(3),

3 (b)(1)(A).) We agree with the People’s concession Itehua’s preprinted, checkbox form petition was facially valid and adequately claimed he was eligible for resentencing relief. Upon receiving “a facially sufficient petition” requesting counsel (Lewis, supra, 11 Cal.5th at p. 970), “the [trial] court shall appoint counsel to represent petitioner” (§ 1172.6, subd. (b)(3)). Thus, “petitioners who file a complying petition requesting counsel are to receive counsel upon the filing of a…