People v. Sheppard CA2/2

DISCUSSION

I. Relevant law

As is relevant to the issues raised in this appeal, in 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Sen. Bill 1437) eliminated liability for murder under the natural and probable consequences doctrine. (People v. Lewis (2021) 11 Cal.5th 952, 959.) It also added section 1170.95, which established a procedure for defendants convicted of murder under the old law to seek resentencing if they could not now be convicted of that crime in light of the revisions to sections 188 and 189. Under that procedure, “once a petitioner files a facially sufficient petition requesting counsel, the superior court must appoint counsel before performing any prima facie review under section 1170.95, subdivision (c).” (People v. Mancilla (2021) 67 Cal.App.5th 854, 864; see also People v. Lewis, supra, at p. 963.) However, “a superior court’s failure to appoint counsel to represent a petitioner when assessing whether he or she has made a prima facie showing of entitlement to relief pursuant to section 1170.95, subdivision (c), is state law error only, reviewable for prejudice under the harmless error standard of People v. Watson (1956) 46 Cal.2d 818. [Citation.]” (People…