People v. Verdugo
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The Court of Appeal rejected defendant's argument that the superior court lacked jurisdiction to deny his Penal Code section 1170.95 petition on the merits without first appointing counsel and allowing the prosecutor and appointed counsel to brief the issue of his entitlement to relief and affirmed the trial court's summary denial of defendant's petition, which was properly based on its ruling that defendant was ineligible for relief as a matter of law.
The court held that the relevant statutory language, viewed in context, makes plain the Legislature's intent to permit the sentencing court, before counsel must be appointed, to examine readily available portions of the record of conviction to determine whether a prima facie showing has been made that the petitioner falls within the provisions of section 1170.95. The court explained that petitioner must make a prima facie showing that petitioner may be eligible for relief because he or she could not be convicted of first or second degree murder following the changes made by SB 1437 to the definition of murder in sections 188 and 189.
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