California Court of Appeals, Second District, Sixth Division
[REVIEW GRANTED BY CAL. SUPREME COURT]
Cal.Rptr.3d 274] Superior Court County of San Luis Obispo.
Craig B. Van Rooyen, Judge (Super. Ct. No. F268843) (San Luis
H. Ting, Santa Monica, under appointment by the Court of
Appeal, for Defendant and Appellant.
Becerra, Attorney General, Lance E. Winters, Chief Assistant
Attorney General, Amanda V. Lopez and Nicholas J. Webster,
Deputy Attorneys General, for Plaintiff and Respondent.
convicted Harold Ted Cornelius of second degree murder (Pen.
Code, § § 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.
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
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.].)
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
trial court did not appoint counsel and denied Corneliuss
petition. The court found Cornelius was not eligible ...