People v. Wallace CA2/6

Filed 10/25/21 P. v. Wallace 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B305348 (Super. Ct. No. 1362689) Plaintiff and Respondent, (Santa Barbara County)

v.

GREGORY MARSHALL

WALLACE,

Defendant and Appellant.

Gregory Marshall Wallace appeals from a postjudgment order denying his petition for resentencing under Penal Code1 section 1170.95. Wallace contends the court erred in summarily denying his petition without appointing counsel and providing counsel the opportunity to file a reply brief in response to the prosecution’s opposition to the petition. We agree that the court erred in failing to appoint counsel (People v. Lewis (2021)

All statutory references are to the Penal…