People v. McCarl CA3

DISCUSSION

The California Supreme Court has recently determined that a trial court order denying a defendant’s resentencing petition is an appealable order. (Teal v. Superior Court (2014) ___ Cal.4th ___, ___ [2014 Cal. Lexis 10481 at p. *2].)

But, as this is not defendant’s first appeal as of right from a criminal conviction, and there is no independent due process right to Wende review in this particular context, we conclude defendant is not entitled to Wende review of the denial of his section 1170.126 petition. (Anderson, supra, 229 Cal.App.4th at pp. 928-929, 934.)

DISPOSITION

The appeal is dismissed.

BUTZ , J.

We concur:

RAYE , P. J.

HOCH , J.

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