People v. Beaulac CA4/2

BACKGROUND

In 2010, Beaulac pled guilty to second degree robbery (§ 211) and kidnapping

(§ 207, subd. (a)) and admitted to a firearm enhancement and a prior strike. The court

sentenced Beaulac to 27 years, composed of the midterm of 10 years for the kidnapping,

the upper term of 10 years for firearm enhancement, two years for the robbery, and five

years for the prior strike.

On January 19, 2024, Beaulac filed a “Petition for Resentencing Pursuant [to] All

Applicable Sections of Penal Code §1170, §1171, §1172, and Assembly Bill 1540

(2021).” The court denied the petition 10 days later after the parties stipulated that

Beaulac was not eligible for resentencing.

ANALYSIS

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

filed a brief declaring they 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 does not have a

constitutional right to independent review under Anders/Wende2 if appellate counsel

1 Unlabeled statutory citations refer to the Penal Code.

2 Anders v. California (1967) 380 U.S.…