Appointment of Counsel

The Court of Appeal agreed with the parties that the trial court erred in relying on facts contained in the appellate opinion from a co-defendant’s case to conclude that the appellant failed to make a prima facie case for relief under Penal Code section 1172.6. The trial court additionally erred in failing to appoint counsel. The errors were not harmless. The court remanded the matter with directions to issue an order to show cause and conduct a hearing on the petition to determine whether to vacate the appellant’s murder conviction and resentence him.