An indigent defendant who alleges facts constituting a prima facie case for PC 1473.7 relief is entitled to appointed counsel upon request. The trial court erred when it denied appointed counsel on ground the defendant was not in immigration custody and thus able to attend the PC 1473.7 hearing, an error rooted in an unduly narrow reading of People v. Fryhaat (2019) 35 Cal.App.5th 969. The error prejudiced the defendant and required a new PC 1473.7 hearing.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B337683.PDF