P. v. Viengvilai CA2/11
Plao Viengvilai appeals from denial of the petition he filed in propria persona to recall and vacate his conviction under Penal Code section 1170.95. His petition asserts he had been convicted of murder in the second degree under the felony murder rule or the natural and probable consequences doctrine, and therefore could no longer be held liable due to recent amendments to sections 188 and 189. (Stats. 2018, ch. 1015, §§ 2–4.)
Appellant’s court-appointed counsel has filed a brief raising no legal issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel declares that she advised appellant she will be filing a brief pursuant to the procedures prescribed in Wende, provided appellant a copy of that brief, and advised appellant that he may request this court to relieve her as counsel.
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