People v. Veaver CA3

BACKGROUND

On April 17, 2008, pursuant to a negotiated disposition, defendant pleaded no contest to sexual battery (§ 243.4, subd. (a)) with the understanding that related counts and allegations would be dismissed. Defendant was sentenced to prison for three years. On March 1, 2013, defendant filed a motion to vacate his conviction pursuant to section 1473.6. The superior court denied the motion by written order. Defendant filed a timely notice of appeal from this order. We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Counsel advised defendant of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.

DISCUSSION

Review pursuant to Wende or its federal constitutional counterpart Anders v. California (1967) 386 U.S. 738 [18 L.Ed.2d 493] is required only in the first appeal of right from a criminal conviction. (People v. Serrano (2012) 211…