People v. Aviles CA5

INTRODUCTION

In 2015, a jury found petitioner Yolanda Irene Aviles guilty of the first degree murder of Jose Villa. 1 (Pen. Code,2 § 187, subd. (a).) For this offense, she was sentenced to a term of 25 years to life. In 2019, petitioner filed a petition seeking resentencing pursuant to section 1170.95. The trial court denied the petition on the ground petitioner was not convicted under the natural and probable consequences doctrine but rather as a direct aider and abettor to the murder, a statutorily disqualifying factor pursuant to section 1170.95, subdivision (a)(3). Petitioner contends the trial court erred in failing to appoint counsel to represent her on the petition. She also contends she set forth a prima facie claim for relief and the record before the court was insufficient to conclude otherwise. We agree the court erred in disposing of the petition without appointing counsel. However, we conclude the error was not prejudicial because the record of conviction establishes petitioner is ineligible for resentencing as a matter of law. Accordingly, we affirm.

FACTUAL AND PROCEDURAL HISTORY

The facts underlying petitioner’s offenses may be summarized briefly as follows. 3…