People v. Lallis CA2/2

Filed 1/26/21 P. v. Lallis CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B300926

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA006473) v.

RICHARD CHARLES LALLIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Cynthia L. Ulfig, Judge. Affirmed.

Lori A. Quick, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Charles S. Lee and Christopher G. Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

In 1991, Richard C. Lallis (appellant) pleaded guilty to second degree murder after admitting to the police that he strangled a woman to death. Almost three decades later, he filed a petition pursuant to Penal Code section 1170.951—which was added by Senate Bill No. 1437 (2017-2018 Reg. Sess.) and effective January 1, 2019—seeking to vacate his conviction and be resentenced on the grounds, inter alia, that he was not the actual killer. The trial court denied the petition because the record of conviction and court file established that he was the actual killer and, therefore, he was ineligible for relief. On appeal, he contends: (1) the trial court erred by failing to appoint counsel pursuant to section 1170.95, subdivision (c) before making a prima facie eligibility finding; and (2) the trial court violated his federal and state due process rights. We find no error and affirm. FACTS The Crime and Plea When police entered an apartment to investigate a report of a death, they found appellant lying on the floor and the body of a 26-year-old woman inside a closet. Appellant admitted that he had strangled her. The Los Angeles District Attorney’s Office charged appellant with first degree murder. (§ 187, subd. (a).) He pleaded guilty to second degree murder and was sentenced to 15 years to life in prison. The Petition for Resentencing; Denial of the Petition Appellant filed a section 1170.95 petition for resentencing using a nongovernmental form. He checked the boxes stating: