Establishing a prima Facie Case for relief under SB 1437
People v. Lewis, 2020 WL 57841 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2020)
Appeal of trial court denial of petition for re-sentencing without appointment of counsel
Defendant Vincent E. Lewis was convicted of first degree premeditated murder in 2012, his conviction was affirmed on appeal in 2014. In January 2019, defendant filed a petition for resentencing under Penal Code 2 section 1170.95 and requested the appointment of counsel. The trial court, relying on the court of Appeal decision in determined that defendant was ineligible for relief and denied the petition without appointing counsel or holding a hearing. Defendant appealed.