People v. Bonilla CA5

INTRODUCTION

In 2014, a jury found petitioner Neftali Bonilla guilty of the second degree murder of J.G. (Pen. Code,1 § 187, subd. (a)), and found gang and firearm enhancements to be true (§§ 186.22, subd. (b), 12022.53, subds. (d), (e)(1)). The trial court sentenced petitioner to an aggregate term of 40 years to life. In 2020, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court summarily denied the petition on the ground petitioner is ineligible for relief. The court did not provide a further statement of reasons. Petitioner contends the trial court erred in failing to appoint counsel to represent him on the petition and in failing to provide a statement of the evidence relied upon in its ruling, and further argues these errors were prejudicial. We agree the court erred in disposing of the petition without appointing counsel. Additionally, section 1170.95 now requires a court to provide a statement setting forth its reasons for denying the petition. (§ 1170.95, subd. (c).) However, we conclude these errors were not prejudicial because the record of conviction establishes petitioner is ineligible for resentencing as a matter of law.…