P. v. Davis CA2/11
Defendant Clyde Davis appeals the denial of his petition for resentencing under Penal Code section 1170.95, arguing that his court-appointed attorney was so ineffective as to constitute the denial of counsel entirely. The Attorney General responds that the trial court was justified in denying defendant’s petition as a matter of law, without the appointment of counsel, so any inadequacies in counsel’s performance were necessarily non-prejudicial. We conclude defendant’s petition could not have been denied as a matter of law; he should have been granted a hearing, with counsel, on the issue of whether he was entitled to relief under the statute. As the trial court denied the petition without a hearing, we reverse. Given the error in the trial court’s procedure, it is unnecessary for us to determine whether counsel’s deficient performance was additionally prejudicial.
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