People v. Street CA3

Filed 9/28/21 P. v. Street CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C091621

Plaintiff and Respondent, (Super. Ct. No. 98F04080)

v.

KIMSHANA LAVORIS STREET,

Defendant and Appellant.

This case presents a question regarding when a trial court can summarily deny a Penal Code section 1170.951 petition attacking a second degree murder conviction obtained through a plea. Defendant Kimshana Lavoris Street contends on appeal the trial court erred in finding her ineligible for relief, this ruling was supported by improper fact-

Undesignated statutory references are to the Penal Code.

1 finding, and trial counsel was ineffective in failing to present any argument or evidence…