People v. Walters CA4/1

DISCUSSION

The transcript of the change of plea contains statements by Walters which could indicate he was the actual killer. Indeed, at one point he said he did kill the victim. However, as the transcript demonstrates, defense counsel

2 This appeal arises from a conviction by plea. Thus, there is no statement of facts in the record. 2 interrupted and pointed out Walters was “aiding and abetting.” The relevant portions of the transcript are as follows: “The Court: Did you murder [K.R.]?

“The defendant: Yes, I did.

“[¶] . . . [¶]

“Mr. Garcia [Defense counsel]: It’s aiding and abetting.

“The Court: By what he said is enough.

“Mr. Garcia: I want to make sure it is clear.”

A. Legal Principles In Lewis, the court clarified a number of procedural issues regarding trial court review of resentencing petitions under section 1170.95. Relevant here, the court held that where the petitioner files a facially proper petition, the court must appoint counsel. (Lewis, supra, 11 Cal.5th at p. 970.) The court identified the standard for determining prejudice when a trial court fails to appoint counsel. Where a trial court erroneously fails to appoint counsel, the error is one of state…