People v. Gonzalez CA2/3

DISCUSSION

After review of the record, Gonzalez’s court-appointed counsel filed an opening brief that raised no issues and averred that the appeal was subject to People v. Serrano (2012) 211 Cal.App.4th 496.2 Appellant was advised that he had 30 days to

People v. Serrano, supra, 211 Cal.App.4th 496, concluded that review under People v. Wende (1979) 25 Cal.3d 436, does not apply to appeals from orders denying postconviction relief. (Accord, People v. Cole (2020) 52 Cal.App.5th 1023, review granted Oct. 14, 2020, S264278.) Cole, at pages 1039 to 1040, held that an appeal from a postconviction order may be dismissed if counsel has found no arguable issues and if the defendant has not filed a supplemental brief. Our Supreme Court is currently considering what procedures appointed counsel and the Courts of

3 submit by brief or letter any contentions or argument he wished this court to consider. We have received no response. Denial of Gonzalez’s motion was proper because he failed to cite any cognizable legal authority supporting his request. Furthermore, the trial court’s order is nonappealable. The right of appeal is statutory. Generally, once a judgment is rendered and…