People v. Lewis CA4/2

DISCUSSION

Defendant argues: (1) the superior court violated section 1172.6 subdivision (c),

and defendant’s due process rights; and (2) counsel provided ineffective assistance.

Neither argument is persuasive. Because defendant is ineligible for relief as a matter of

law, any errors were harmless and thus not prejudicial.

A. DEFENDANT’S DUE PROCESS RIGHTS WERE NOT IMPLICATED

BY THE VIOLATION OF 1172.6 SUBDIVISION (C), AND ANY

ERROR WAS HARMLESS BECAUSE DEFENDANT IS INELIGIBLE

AS A MATTER OF LAW

Defendant claims “the court violated section 1172.6, subdivision (c) and

[defendant’s] rights of due process.” Specifically, defendant argues the court “did not . . .

require the prosecution to file and serve a response setting forth its legal analysis, or basis

for its opposition” and because “the record also does not reflect that the court had

available to it for review any portion of the record of conviction nor did it comply with its

statutory obligation to fully set forth its reasons for denying [defendant’s] petition.”

3 The People concede that 1172.6 (c) was not followed, stating, “it appears

[defendant] is correct that the prosecutor did not file a written…