Under Wende, Appellate Court Duties after 1437 Denial?

After an indigent defendant files a petition for resentencing under Senate Bill 1437 (Penal Code § 1170.95), there is no duty for an appellate court to conduct an independent review of the record if appointed counsel files a Wende Brief. The Fourth Appellate District held this was so because a 1437 petition is not a first appeal as of right. It is a new right, but not an appeal of the underlying judgment based on a mistake of law at the trial court level. To read more about whey this is so, please click on the following link – https://www.greghillassociates.com/under-wende-appellate-court-duties-after-1437-denial.html

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