People v. Eng CA1/1

BACKGROUND

Defendant was convicted of second degree murder in 1989 and sentenced to 17 years to life. In July 2021, he filed a petition for resentencing pursuant to now section 1172.6 (formerly § 1170.95). The prosecution stipulated the petition stated a prima facie case for resentencing, and the

All further statutory references are to the Penal Code unless

otherwise indicated. People v. Marsden (1970) 2 Cal.3d 118 (Marsden). trial court appointed counsel, issued an order to show cause, and set the matter for an evidentiary hearing. Several months later, defendant filed a Marsden motion requesting the court relieve his current counsel and appoint new counsel to represent him on his resentencing petition. The trial court heard and denied the motion without prejudice.3 Shortly before the evidentiary hearing on his petition for resentencing, defendant filed a second Marsden motion, which he withdrew at the beginning of the evidentiary hearing. The court proceeded to the merits of defendant’s petition. The prosecution, relying principally on the testimony at the preliminary hearing, argued the “transcript established that [defendant] personally stabbed the…