People v. Burnell CA4/3

FACTS

A jury found Burnell guilty of attempted murder and other offenses in 2003. The trial court sentenced him to a total of 91 years to life in prison. Burnell recently filed a motion captioned, “Motion to Correct Sentence Imposed in Violation of Racial Justice Act Penal Code § 745(a)(4).” He contended his sentence was imposed in violation of the RJA because the charges were more onerous and the sentence higher than those imposed on defendants of other races. The trial court denied the motion, concluding that Burnell was required to raise his RJA claims through a petition for writ of habeas corpus, rather than by motion. After Burnell filed a notice of appeal, this court appointed counsel to represent him. Appellate counsel filed a brief advising that she found no arguable issues and asked us to review the record independently. Counsel asserted that the procedures of People v. Wende (1979) 25 Cal.3d 436 govern this case, but those procedures generally “do not apply to an appeal from the denial of postconviction relief.” (People v. Delgadillo (2022) 14 Cal.5th 216,

1 Undesignated statutory references are to the Penal Code.

2 226.) Burnell has filed a supplemental brief…