P. v. Barragan CA2/2
Defendant and appellant Jose Barragan (defendant) appeals from the summary denial of his petition for vacatur and resentencing pursuant to Penal Code section 1170.95. He contends that the trial court erred in failing to appoint counsel and entertain briefing, and in ruling that the petition was barred as a successive petition or a motion for reconsideration of defendant’s prior petition. Defendant also contends that in his petition he made a prima facie showing that he falls within the provisions of section 1170.95 and that the jury’s true finding in his murder trial pursuant to section 190.2, subdivision (a)(17) did not bar relief as a matter of law.
We agree that the trial court erred in summarily denying the petition without appointing counsel and entertaining briefing, and that the petition should not have been barred as a successive petition or motion for reconsideration. However, we find the errors to be harmless.
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