P. v. Smith CA1/2
In 2018, the Legislature amended Penal Code section 1170.91 to authorize defendants sentenced for a felony conviction before January 1, 2015 to petition for a resentencing hearing at which the court could consider mitigating factors resulting from the defendant’s military service.
Robert Eugene Smith appeals from a postjudgment order denying his petition for resentencing pursuant to section 1170.91. Smith’s court-appointed counsel filed a brief which raised no legal issues and asked this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel represented that he advised Smith of his right to file a supplemental brief within 30 days and to request that the court relieve his counsel. Smith did not file a supplemental brief. We affirm.
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