People v. Cabrera CA2/6

Filed 11/16/21 P. v. Cabrera 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B308997 (Super. Ct. No. NA075561) Plaintiff and Respondent, (Los Angeles County)

v.

SILVIO FABIEN CABRERA,

Defendant and Appellant.

Silvio Fabien Cabrera appeals from a postjudgment order denying his petition for resentencing under Penal Code1 section 1170.95. Cabrera contends the court erred in summarily denying his petition without appointing counsel. We agree that the court so erred (People v. Lewis (2021) 11 Cal.5th 952), but conclude the error is harmless because the record of appellant’s conviction demonstrates he is ineligible for relief under section 1170.95. Accordingly, we affirm.

All…