The Court of Appeal reversed the order denying appellant’s petition for resentencing under Penal Code section 1172.6 because the trial court failed to appoint counsel prior to conducting its prima facie review. The Court further found that the error was not harmless because the trial court relied on an order denying an earlier petition that did not apply the definitions of a “major participant” and “reckless indifference to human life” as set forth in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark).
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