People v. Shaw CA2/7

INTRODUCTION

Irvin Randolph Shaw appeals from the superior court’s order denying his petition under Penal Code section 1170.95.1 In our prior opinion we affirmed the superior court’s ruling, after which Shaw successfully petitioned for review by the Supreme Court. The Supreme Court transferred the case to us with directions to vacate our prior opinion and reconsider our decision in light of Senate Bill No. 775 (2020-2021 Reg. Sess.) (Stats. 2021, ch. 551, § 2) and People v. Lewis (2021) 11 Cal.5th 952 (Lewis). The People now concede, and we agree, the superior court erred in summarily denying Shaw’s petition without appointing counsel and receiving briefing. Because we also agree with Shaw the error was not harmless, we vacate our prior opinion, reverse the superior court’s order denying Shaw’s petition, and direct the trial court to appoint counsel for Shaw, issue an order to show cause, and conduct further proceedings under section 1170.95, subdivision (d).

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Shaw on Two Counts of Attempted Murder, and We Affirm In March 2010 Irvin Shaw drove his SUV in front of a driveway and stopped, blocking a car occupied by several…