People v. Pillors CA3

BACKGROUND

On June 19, 2014, defendant was sentenced to three years eight months in prison for making criminal threats (§ 422) while personally armed with a knife (§ 12022, subd. (b)(1)). Defendant also had a prior strike conviction. On December 8, 2014, defendant filed a petition for resentencing pursuant to section 1170.18. The trial court denied the petition “due to ineligibility based on: Current convictions.” Defendant filed a timely notice of appeal from this order. 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. As we reference herein, defendant exercised his right to file a supplemental brief.

DISCUSSION

Review pursuant to Wende or its federal constitutional counterpart, Anders v. California (1967) 386 U.S. 738 [18 L.Ed.2d 493] (Anders), is required only in the first appeal of right from a criminal conviction. (People v. Serrano (2012) 211 Cal.App.4th 496, 500-501 (Serrano);…