People v. Welch CA4/2

BACKGROUND

In 1995, a jury convicted Welch of robbery (Pen. Code § 211) 1 and found true

two additional allegations, including that he had a previous conviction for a serious or

violent felony.{CT 7-10} (§§ 12022, subd. (a)(1), 667 subd. (b)-(i).)

In August 2024 Welch filed a “Request for Recall of Sentence and Resentencing

pursuant to Assembly Bill 600 and Penal Code Section 1172.1.”{CT 25-132} In January

2025 the court held a hearing on the petition and stated “the court is not required [to]

respond to the petition. The Court is not using it’s [sic] discretion to respond to the

petition.”{CT 138} Welch appealed.{CT 139}

ANALYSIS

On Welch’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 has no constitutional

right to independent review under Anders/Wende.2 (Delgadillo, supra, 14 Cal.5th at

1 Unlabeled statutory citations refer to the Penal Code.

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