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People v. Anderson

California Court of Appeals, Third District, Sacramento

May 1, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
MELVIN W. ANDERSON, Defendant and Appellant.

[REHEARING GRANTED ON May 20, 2014]

APPEAL from an order of the Superior Court of Sacramento County, No. 98F00784 Laurie M. Earl, Judge. Appeal dismissed as abandoned.

Page 1369

[Copyrighted Material Omitted]

Page 1370

[Copyrighted Material Omitted]

Page 1371

COUNSEL

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

MAURO, Acting P. J.

Defendant Melvin W. Anderson appeals from the denial of his petition for recall and resentencing pursuant to the Three Strikes Reform Act of 2012 (the Act). (Pen. Code, § 1170.126.)[1] We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071] (Wende).) Counsel also advised defendant that he had a right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no communication from defendant.

We conclude defendant is not entitled to Wende review on an appeal from the denial of his petition for recall and resentencing pursuant to the Act. This is not defendant’s first appeal as of right from a criminal conviction, and there is no independent due process right to Wende review in this particular context.

Accordingly, because appointed appellate counsel filed a brief indicating that there are no arguable issues on appeal, we ...


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