People v. Guthrie CA4/1

DISCUSSION

As we have noted, appellate counsel has filed a Delgadillo brief and asks the court to independently review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738, counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: Whether the trial court’s failure to appoint counsel for the second petition under section 1172.6 was prejudicial error.

All statutory references are to the Penal Code. 2 We have exercised our discretion to independently review the record for error consistent with Anders and Wende. We have not discovered any potentially meritorious issues for reversal on appeal. Competent counsel has represented Guthrie on this appeal.

DISPOSITION

The order denying Guthrie’s second petition under section 1172.6 is affirmed.

HUFFMAN, J.*

WE CONCUR:

MCCONNELL, P. J.

DATO, J.

* Retired Associate Justice of the Court of Appeal, Fourth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. 3