P. v. Smart CA3
Defendant Jarvell Deandrae Smart appeals from the denial of his postjudgment motion for a juvenile fitness/transfer proceeding, which he filed in propria persona. At the time defendant filed his motion he was represented by counsel for a postjudgment hearing pursuant to In re Cook (2019) 7 Cal.5th 439 and People v. Franklin (2016) 63 Cal.4th 261, and his counsel declined to file the motion on defendant’s behalf. In this court, appointed counsel for defendant asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Although appellate counsel mentions in his Wende brief that one issue may be whether the refusal to file and argue defendant’s motion in the trial court constituted a denial of the right to assistance of counsel, appellate counsel did not argue the merits of the issue.
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