People v. Calderon CA2/5

I. INTRODUCTION

Defendant Rolando Calderon appeals from the trial court’s denial of his Senate Bill No. 1437 and Penal Code section 1170.951 petition for resentencing. He contends the court erred in summarily denying his petition without appointing counsel to represent him or allowing briefing. We affirm.

II. BACKGROUND

A jury convicted defendant of two counts of willful, deliberate, and premeditated attempted murder. (§§ 664/187, subd. (a).) The jury found true gang and firearm allegations. (§§ 186.22, subd. (b)(1); 12022.53, subds. (d) & (e)(1).) The trial court sentenced defendant to two consecutive life terms with 15- year minimum parole eligibility dates, consecutive to 25 years to life, consecutive to 20 years. On March 6, 2003, a prior panel of this division affirmed defendant’s judgment. (People v. Calderon (Mar. 6, 2003, B157399) [nonpub. opn.].) On April 1, 2021, defendant filed a petition for resentencing pursuant to Senate Bill No. 1437 and section 1170.95. In his petition, defendant requested the trial court appoint counsel for him “during resentencing.” On April 14, 2021, without the prosecution’s or defendant’s presence, and without appointing counsel for…