The California Court of Appeal, Fourth Appellate District, has determined that the moving party is entitled to a hearing under Penal Code 1473.7. The court further stated that “if the moving party is indigent and cannot attend the hearing because he or she is in federal custody awaiting deportation, we find the trial court should appoint counsel.” The court reasoned that “if a postconviction petition by an incarcerated defendant attacking the validity of a judgment states a prima facie case leading to issuance of an order to show cause, the appointment of counsel is demanded by due process concerns.”

The full text of People v. Fryhaat can be found here: