People v. Gann CA4/1

INTRODUCTION

In April 2009, a jury convicted Nathaniel Marcus Gann of first degree murder in the shooting death of his stepfather but found he did not intentionally and personally discharge a firearm in the commission of the murder or commit the murder with the special circumstance of lying in wait. He was sentenced to a term of 25 years to life.

In January 2020, one year after Penal Code1 section 1170.95 became effective, Gann filed two petitions for resentencing and requested the appointment of counsel. Both times, and without first appointing counsel, the trial court found Gann failed to make a prima facie showing that he was eligible for relief and denied the petitions. Gann timely appealed both orders, asserting the court erred by summarily denying the petitions without appointing counsel and giving the parties the opportunity to file additional briefing. While his appeal was pending, the California Supreme Court decided People v. Lewis (2021) 11 Cal.5th 952 (Lewis) and held that section 1170.95 requires the trial court to appoint counsel “upon the filing of a facially sufficient petition” and before determining whether the petitioner has made a

prima facie showing of…