People v. Trotter CA2/3

DISCUSSION

After review of the record, Trotter’s court-appointed counsel filed an opening brief that raised no issues and requested that we conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Trotter’s counsel advised him that he had 30 days to submit a supplemental brief with any additional contentions or argument and that he may request this

3 court to relieve present counsel. Trotter did not file a supplemental brief. As an initial matter, Trotter’s counsel acknowledges that recent decisions in the Courts of Appeal have held that the procedures mandated by People v. Wende, supra, 25 Cal.3d 436 do not apply from the denial of a petition for resentencing under section 1170.95. In People v. Cole (2020) 52 Cal.App.5th 1023, Division Two of this district held that, when a defendant fails to file a supplemental brief on his or her own, we may dismiss the appeal as abandoned. However, the issue of what procedures apply when appointed counsel determines that an appeal from an order denying postconviction relief lacks arguable merit, is currently pending before the Supreme Court in People v. Delgadillo, review granted February 17, 2021,…