People v. Mendes CA3

DISCUSSION

Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d at pp. 441-442.) Counsel advised defendant of the right to file a supplemental brief within 30 days of the date of the filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. “The prophylactic procedures in Wende are ‘relevant when, and only when, a litigant has a previously established constitutional right to counsel.’ ” (People v. Delgadillo (2022) 14 Cal.5th 216, 224.) There is no constitutional right to counsel, however, “in state postconviction proceedings.” (Id. at p. 226.) Thus, Wende review is limited to “an indigent criminal defendant in his first appeal as of right” and “do[es] not extend to an appeal, even on direct review, that is discretionary.” (Delgadillo, at p. 227.) We previously affirmed defendant’s convictions in case Nos. 572, 924, and 871 and remanded for the limited purpose of resentencing in Mendes II, and “Wende thus does not apply to [defendant’s] postconviction…