People v. Tran CA3

DISCUSSION

Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Counsel acknowledges the split in authority as to whether Wende review of the trial court’s denial of a section 1170.95 petition should be routinely undertaken by the appellate courts, but asks that we review this case on appeal in any event, in the interests of justice. Defendant timely filed a supplemental brief. He argues throughout for a “second chance,” and reiterates his counsel’s request for us to do an independent review, but does not argue there are any specific issues with the judgment. We need not address the split in authority as to under what circumstances the protections afforded by Wende apply to this appeal. Given that counsel has asked for

2 review in the interests of justice and defendant has filed a supplemental brief, we exercise our discretion to review the case for error. (See People v. Figueras (2021) 61 Cal.App.5th 108, 113 [suggesting that even assuming no right to Wende protections, dismissal of appeal as…