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People v. Cornelius

California Court of Appeals, Second District, Sixth Division

January 7, 2020

The PEOPLE, Plaintiff and Respondent,
v.
Harold Ted CORNELIUS, Defendant and Appellant.

         [REVIEW GRANTED BY CAL. SUPREME COURT]

         [257 Cal.Rptr.3d 274] Superior Court County of San Luis Obispo. Craig B. Van Rooyen, Judge (Super. Ct. No. F268843) (San Luis Obispo County)

Page 55

         COUNSEL

         Allison H. Ting, Santa Monica, under appointment by the Court of Appeal, for Defendant and Appellant.

         Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Amanda V. Lopez and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent.

          OPINION

         TANGEMAN, J.

Page 56

          A jury convicted Harold Ted Cornelius of second degree murder (Pen. Code,[1] § § 187, subd. (a), 189, subd. (b)) and found true allegations that he personally used a firearm (former § 12022.5, subd. (a)(1)) and that he personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)). The trial court sentenced him to 40 years to life in state prison. Following the enactment of Senate Bill No. 1437, Cornelius filed a petition for resentencing pursuant to section 1170.95. The trial court denied his petition.

         [257 Cal.Rptr.3d 275] Cornelius argues the trial court erred when it denied his petition for resentencing without first appointing counsel. We affirm.

          FACTUAL AND PROCEDURAL HISTORY

         In 1998, Cornelius fatally shot his brother after an argument. The jury convicted Cornelius of second degree murder and found true the firearm allegations. The trial court sentenced him to 40 years to life in state prison. Cornelius appealed the conviction, arguing instructional error, an error in applying the firearm enhancement, and an error in presentence custody credits. We affirmed. (People v. Cornelius (June 20, 2000, B129641) [nonpub. opn.].)[2]

          Following the enactment of Senate Bill No. 1437, Cornelius filed a petition for resentencing pursuant to section 1170.95. He requested appointment of counsel for resentencing.

          The trial court did not appoint counsel and denied Cornelius’s petition. The court found Cornelius was not eligible ...


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