Woodard

A jury found appellant Anthony Woodard guilty of robbery in an inhabited dwelling (Pen. Code, § 211), first degree burglary (Pen. Code, § 459), assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and false imprisonment (Pen. Code, § 236). It also found that appellant used a knife during the commission of the robbery, burglary, and false imprisonment (Pen. Code, § 12022, subd. (b)). The superior court sentenced appellant to state prison for seven years.

Appellant’s court-appointed counsel filed a brief which specifically argued that appellant was improperly sentenced and also urged this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ], to determine if there were other arguable issues. Subsequently, the trial court corrected the sentencing error on its own motion while the Attorney General also conceded that appellate counsel had in fact raised a meritorious issue regarding sentencing. In a reply brief appellate counsel contends that even if appellant was not entitled to a Wende review at the outset of the case, he is so entitled now, because: “[s]ince the judgment has been modified prior to any…