People v. Williams CA2/8

DISCUSSION

1. The Petition for Resentencing The trial court summarily denied defendant’s petition without appointing counsel on the grounds defendant was not convicted of

3 murder and therefore was ineligible for relief as a matter of law according to the statutory language at that time. In light of the passage of Senate Bill 775 amending the statute to include attempted murder, the trial court’s order must be reversed. Further, although the record of conviction discloses that defendant acted alone in committing the offenses, it does not demonstrate as a matter of law that defendant was not convicted under a natural and probable consequences theory. We cannot say on this record that the failure to appoint counsel was harmless. (Lewis, supra, 11 Cal.5th at pp. 957–958, 972–973 [failure to appoint counsel upon the filing of a facially compliant petition is “state law error” subject to harmless error analysis under People v. Watson (1956) 46 Cal.2d 818].) Reversal is warranted to allow the matter to be briefed for the court and for the court to undertake a new prima facie eligibility determination. Defendant is entitled to the appointment of counsel upon remand to assist him in…