People v. Guerra CA4/2

BACKGROUND

In 1980 Guerra was convicted of first degree murder, attempted murder, robbery,

and two counts of kidnapping.

In 2023 Guerra petitioned for resentencing under section 1170.91, subdivision (b).

In 2024 the trial court denied Guerra’s petition because his convictions rendered him

statutorily ineligible for resentencing under that provision. Guerra appealed.

ANALYSIS

On Guerra’s request, we appointed counsel to represent him on appeal. Counsel

filed a brief declaring she found no arguably meritorious issues to appeal, setting out a

statement of the case, and asking us to conduct an independent review of the record.

When appealing from a postconviction order a defendant has no constitutional

right to independent review under Anders/Wende2 if appellate counsel cannot identify

any arguable issues. (Delgadillo, supra, 14 Cal.5th at pp. 227, 231.) Nevertheless, the

court must inform the defendant that he may personally file a supplemental brief, and

“[i]f the defendant subsequently files a supplemental brief or letter, the Court of Appeal

1 Unlabeled statutory citations refer to the Penal Code.

2 Anders v. California (1967) 386 U.S. 738 (Anders); People v. Wende…