People v. Young CA2/7

INTRODUCTION

Dan M. Young appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95.1 He contends the court erred in denying his petition without appointing counsel and without holding a hearing under section 1170.95, subdivision (d)(1). The People concede the court erred in not appointing counsel, but argue that the error was harmless and that a hearing under subdivision (d)(1) was not required because the record of conviction established Young was not entitled to relief as a matter of law. We agree with the People and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Young of Murder and Attempted Murder, and This Court Affirms On October 26, 2014, in retaliation for a violent altercation with members of a rival gang, Young and a fellow gang member, Christopher Stone, carried out a pair of shootings that left one person dead and several wounded. In September 2015, to instigate a confrontation with a rival gang, Young walked up to another young man at a street corner and shot him dead. In 2018, in connection with the October 26, 2014 shootings, a jury convicted Young on one count of first degree murder (count 1)…