People v. Gibson CA3

DISCUSSION

In Delgadillo, our Supreme Court considered whether the Wende2 process applies to a trial court’s order denying a petition for postconviction relief under section 1172.6 and concluded it is not required. (People v. Delgadillo, supra, 14 Cal.5th at pp. 221- 222.) The Supreme Court laid out applicable procedures for such cases, explaining that when a defendant files a supplemental brief, “the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion.” (Id. at p. 232.) But the filing of a supplemental brief does not compel the court to independently review the entire record to identify unraised issues, though it may exercise its discretion to do so. (Ibid.) Defendant’s supplemental brief raises various issues regarding his trial, including: (1) the jury instruction on attempted murder was misleading because defendant claims he has “never been charged with murder or attempted murder,” (2) the trial testimony of the victim was inaccurate, and (3) exculpatory fingerprint and gunshot residue evidence existed. These arguments challenge the proceedings leading to his original attempted murder conviction and sentence.…