People v. Gomez CA2/6

Good Law
Court of Appeal of CaliforniaSeptember 15, 2021B307396California1,890 words

Opinion

Opinion

Filed 9/15/21 P. v. Gomez CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B307396 (Super. Ct. No. CR22052) Plaintiff and Respondent, (Ventura County)

v.

GUSTAVO GOMEZ,

Defendant and Appellant.

Gustavo Gomez appeals the trial court’s summary denial of his resentencing petition filed pursuant to Penal Code section 1170.95.1 We conclude that the record of conviction reflects that Gomez is ineligible for resentencing as a matter of law and that the failure to appoint counsel to represent him was harmless error. (People v. Lewis (2021) 11 Cal.5th 952, 974 (Lewis).) We affirm.

All statutory references are to the Penal Code unless

otherwise stated.

FACTUAL AND PROCEDURAL HISTORY

In…

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