People v. Preciado CA2/6

Discussion Where, as here, appointed counsel finds no arguable issues in an appeal that is not from the first appeal after conviction, appellant is not entitled to our independent review of the record

2 pursuant to People v. Wende (1979) 25 Cal.3d 436, or its federal constitutional counterpart, Anders v. California (1967) 386 U.S. 738. (Delgadillo, supra, 14 Cal.5th at p. 226.) He is, however, entitled to appellate consideration of any contentions raised in his supplemental brief. (Id. at p. 232.) In his supplemental brief, appellant makes a number of arguments directed at challenging the validity of his conviction and contends “this was an illegal charging and sentence.” He also seeks a “full resentencing hearing” so the trial court “can consider exercising its discretion to strike the enhancement PC 667.61(o).” To the extent appellant challenges his sentence on the grounds that it is “illegal,” that argument is more appropriately brought, if at all, in a habeas corpus petition.2 Appellant’s remaining contention is meritless. The trial court conducted a hearing on the section 1172.75 motion and resentenced him accordingly. He has thus received all that he is entitled to receive…