People v. Jeffries CA2/2

California Court of Appeal Aug 13, 2021 No. B306734Unpublished

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Holding. Although the trial court erred by failing to appoint counsel before summarily denying a Penal Code section 1170.95 petition, the error was harmless because the record of conviction established the defendant was the actual killer and thus ineligible for relief as a matter of law.

Issues

Did the trial court err in summarily denying a section 1170.95 petition without appointing counsel?
Was the trial court's failure to appoint counsel prejudicial error under the standard set forth in People v. Lewis?

Disposition. affirmed

Quotations verified verbatim against the opinion

“Although the trial court erred in summarily denying the petition without first appointing counsel, the error was harmless because the record of conviction establishes that appellant is ineligible for relief as a matter of law.”

Filed 8/13/21 P. v. Jeffries CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306734

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A356228) v.

ALLEN LYNN JEFFRIES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Michael D. Abzug, Judge. Affirmed. Kelly C. Martin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________

Allen Lynn Jeffries appeals the summary denial of a petition for resentencing under Penal Code1 section 1170.95. Although the trial court erred in summarily denying the petition without first appointing counsel, the error was harmless because the record of conviction establishes that appellant is ineligible for relief as a matter of law. (People v. Lewis (S260598, July 26, 2021) __ Cal.5th __ (Lewis) [2021 Cal. LEXIS 5258 at pp. [19], [28]

People v. Jeffries CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B306734

ALLEN LYNN JEFFRIES,

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