P. v. Gerolaga CA3
Defendant, Tony Ramon Gerolaga, Jr., appeals the trial court’s denial of his in propia persona petition for resentencing pursuant to Penal Code section 1170.95 (statutory section citations that follow are to the Penal Code). Defendant complains the court erred in failing to appoint counsel prior to denying his petition and in determining he was not eligible for relief because he was convicted of attempted murder.
In our original unpublished decision, we affirmed the trial court’s order denying defendant’s section 1170.95 petition because the record and previous appellate decision showed that defendant was not charged with, nor tried on, a theory to which the amendments of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437) could arguably apply. (People v. Gerolaga (April 27, 2020; C089457) [nonpub. opn.], [pp. 1-2] (Gerolaga).)
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