People v. Lor CA5
Opinion
Opinion
INTRODUCTION
In 1999, a jury convicted petitioner Chor Bolo Lor of the second degree murder of May Ka Lee.1 (Pen. Code,2 § 187; count one.) For this offense the court sentenced petitioner to a term of 15 years to life, with additional terms for related enhancements. In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. Without appointing counsel, the trial court summarily denied the petition on the ground petitioner was ineligible for resentencing as a major participant who acted with intent to kill. On appeal, petitioner contends the trial court erred in ruling on his petition without appointing counsel. The People concede error. We agree, and we therefore reverse.
PROCEDURAL BACKGROUND3
On February 8, 1999, the Fresno County District Attorney filed a first amended information charging petitioner with the murder of May Ka Lee (§ 187; count one), attempted murder of “ ‘an CMB gang member/associate’ ” (§§ 187, 664; count two), assault upon K.V. (§ 245, subd. (b); count four), assault upon M.V. (§ 245, subd. (b); count five), and active participation in a criminal street gang (§ 186.22, subd. (a);