![]() ![]() 963.) Thereafter, when petitioner is assisted by counsel, the court can consider briefing to determine whether defendant has made a prima facie case and whether an order to show cause should issue. (b)(2)), the trial court must appoint counsel. ![]() If the petition is facially sufficient (see Pen. 957.)Īnswering the second question first, the high court ruled the statutory right to counsel set forth in Penal Code section 1170.95, subdivision (c) is mandatory. Lewis (2021) 11 Cal.5th 952, the Supreme Court addressed two questions with respect to Penal Code section 1170.95, subdivision (c) : “(1) may superior courts consider the record of conviction in determining whether a defendant has made a prima facie showing of eligibility for relief? and (2) when does the right to appointed counsel arise?” ( Lewis, supra, 11 Cal.5th at p. ![]() Facially sufficient Penal Code section 1170.95 petition requires appointment of counsel and consideration of the record of conviction for prima facie determination: People v. ![]()
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