What is the legal test to determine whether a person convicted of second degree murder is eligible to appeal against his sentence?

pp. 1138-1139 [same]; People v. Cornelius (2020) 44 Cal.App.5th 54, 58 (Cornelius) [holding court did not err in summarily denying petition where record demonstrated he was convicted of second degree murder and jury found true allegation that he personally and intentionally used a firearm to commit the crime].) If, however, the petitioner is not ineligible as a matter of law, the court must proceed to the next step, including appointment of counsel if the petitioner has requested representation, and briefing by the parties. (Verdugo, at p. 330.) This process mirrors the "preliminary review of statutory eligibility for resentencing, a concept that is a well-established part of the resentencing process under Propositions 36 and 47" (Id. at p. 329), and is in keeping with the purpose of the legislation, " 'to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.' (Stats. 2018, ch. 1015, 1, subd. (f).)" (Id. at p. 325.)