P. v. Danielson CA1/4
This is an appeal from a denial of relief on a petition for resentencing under Penal Code section 1170.95. Appellant’s counsel raises no issues and requests that we conduct a Wende review of the resentencing proceedings. (People v. Wende (1979) 25 Cal.3d 436.) The courts, recognizing that Wende review is constitutionally required only from a defendant’s first appeal of right from a criminal conviction, have held they are not required to conduct Wende review on appeal from a denial of a petition under section 1170.95 because it is from a postconviction order denying sentencing relief. (People v. Cole (2020) 52 Cal.App.5th 1023, 1028, review granted Oct. 14, 2020, S264278; People v. Flores (2020) 54 Cal.App.5th 266, 273; see People v. Delgadillo, review granted Feb. 17, 2021, S266305 [issue pending in Supreme Court].) Hence this appeal could be dismissed. (Cole, at p. 1028; People v. Freeman (2021) 61 Cal.App.5th 126, 134.)
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