People v. Adame CA5

INTRODUCTION

In 2014, a jury found petitioner Oracio Adame guilty of the first degree murder of Huber Barron.1 (Pen. Code, 2 § 187, subd. (a).) For this offense and related enhancements, he was sentenced to a term of 50 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 failed to make a prima facie showing he was eligible for relief. Petitioner contends the trial court erred in failing to appoint counsel to represent him on the petition. He also contends he set forth a prima facie claim for relief and the court erred in reviewing the record of his conviction to conclude otherwise. We agree the court erred in disposing of the petition before ensuring petitioner was represented by counsel. However, we conclude the error was not prejudicial because the record of conviction – which properly was considered – establishes petitioner is ineligible for resentencing as a matter of law. Accordingly, we affirm.

FACTUAL AND PROCEDURAL HISTORY

This court previously summarized the facts underlying petitioner’s offense as follows:

“On the morning of May 6, 2012, Joseph [C. 3], Huber…