P. v. McGill CA1/2
Defendant Nathan Angelo McGill appeals from a postjudgment order denying his petition for resentencing pursuant to Penal Code section 1170.95. McGill’s court-appointed counsel filed a brief that 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 (Wende). Counsel represented that she advised McGill of his right to file a supplemental brief within 30 days and to request that the court relieve his counsel. McGill did not file a supplemental brief.
Several cases have recognized that Wende procedures are not constitutionally required in appeals other than a criminal defendant’s first appeal of right from a conviction, and thus conclude that Wende review is not required for the appeal of postconviction orders denying sentencing relief under section 1170.95. (See, e.g., People v. Cole (2020) 52 Cal.App.5th 1023, 1034–1035, review granted Oct. 14, 2020, S264278.)
Comments on P. v. McGill CA1/2