People v. Phillips CA2/6

Filed 1/27/22 P. v. Phillips CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B308806 (Super. Ct. No. TA130215) Plaintiff and Respondent, (Los Angeles County)

v.

KEVIN PHILLIPS,

Defendant and Appellant.

Kevin Phillips appeals from a postjudgment order denying his petition for resentencing under Penal Code1 section 1170.95. Phillips contends the trial court erred in summarily denying his petition without appointing counsel. We agree that the court so erred (People v. Lewis (2021) 11 Cal.5th 952 (Lewis)), but conclude the error was harmless because the record of Phillips’s conviction demonstrates he is ineligible for relief under section 1170.95 as a matter of law. Accordingly, we…