People v. Preyer CA4/3

DISCUSSION

Following Wende guidelines, we have reviewed the appellate record and appellate counsel’s brief, including counsel’s suggestion to consider whether the trial court erred when it found Preyer ineligible to have his sentence recalled, and discern no arguable issue. In supplemental briefs filed September 25 and October 6, 2015 (see People v. Kelly (2006) 40 Cal.4th 106, 111 [appellate court must address issues raised personally by appellant in a Wende proceeding]), Preyer suggests the trial court erred by failing to appoint counsel to assist him with the petition. He cites no statutory or decisional authority for this position. Preliminarily, he did not request appointment of counsel in the trial court. In any event, under federal constitutional law the state generally has no obligation to provide counsel to a defendant beyond the first appeal. (Pennsylvania v. Finley (1987) 481 U.S. 551, 555 [Supreme Court has never held prisoners have a constitutional right to counsel when mounting collateral attacks upon their convictions because right to appointed counsel extends only to the first appeal of right]; Johnson v. Avery (1969) 393 U.S. 483, 488.) The California Supreme…