People v. Givens CA3

BACKGROUND

In July 2012, defendant pleaded no contest to voluntary manslaughter (Pen. Code, § 192, subd. (a))1 and admitted an arming enhancement (§12022.5, subd. (a)). The trial court sentenced him to 21 years in state prison. In September 2018, he filed a petition for writ of habeas corpus seeking a hearing pursuant to People v. Franklin, supra, 63 Cal.4th 261. The trial court issued an order to show cause. Following our Supreme Court’s decision in In re Cook, supra, 7 Cal.5th 439, the trial court construed defendant’s petition as requesting a section 1203.01 proceeding. Accordingly, on October 25, 2019, defendant filed additional materials in accordance with section 1203.01 and In re Cook. On December 23, 2021, defendant filed a motion seeking appointment of counsel and for a second supplemental sentencing hearing pursuant to section 1203.01 and In re Cook, supra, 7 Cal.5th 439. On March 29, 2022, the trial court denied the motion, finding defendant had ample opportunity to present his section 1203.01 materials at the 2019 hearing. Defendant timely appealed from the order denying his motion. The case was fully briefed on September 2, 2022, and assigned to this panel shortly…