People v. Smith CA2/4

INTRODUCTION

In 1984, defendant and appellant Harun O’Neal Smith pled guilty to second degree murder and robbery. In 2019, Smith filed a petition for resentencing under Penal Code section 1170.95. 1 The trial court summarily denied the petition, concluding Smith was ineligible for relief as a matter of law because the record of conviction showed he was the actual killer. On appeal, he argues the trial court erred by summarily denying his petition without issuing an order to show cause and holding an evidentiary hearing. He also argues the court prejudicially erred by denying his petition without first appointing counsel. We reject these contentions and affirm the order denying Smith’s petition.

PROCEDURAL BACKGROUND

In 1984, Smith pled guilty to second degree murder (§ 187, subd. (a)) and robbery (§ 211) and admitted firearm use and great bodily injury allegations with respect to both counts (§§ 12022.5, 12022.7). The trial court sentenced him to an indeterminate term of 15 years to life for the murder, plus a two- year determinate term for the robbery. In an unpublished opinion, a different panel of this court affirmed the judgment. (People v. Smith (February 7, 1986, B013487)…