People v. Collins CA1/5

DISCUSSION

As mentioned, neither appointed counsel nor defendant has identified any issue for our review. In briefing, appointed counsel correctly recognizes that Wende review is constitutionally required only from a defendant’s first appeal from a criminal conviction. This review is not required from his present appeal, which is from a postconviction order denying sentencing relief. (People v. Cole (2020) 52 Cal.App.5th 1023, 1028, review granted Oct. 14, 2020, S264278 (Cole) [Wende does not apply to appeals from the denial of postconviction relief]; see, e.g., People v. Freeman (2021) 61 Cal.App.5th 126, 133, review den. May 12, 2021, S268011 [Wende procedures inapplicable to appeal from an order revoking postrelease community supervision, as such an appeal is not a direct appeal from a judgment of conviction]; People v. Flores (2020) 54 Cal.App.5th 266, 273 (Flores) [no right

3 to Wende review in an appeal from postconviction denial of petition for resentencing under § 1170.95].) Accordingly, because defendant has failed to file a supplemental brief raising any issue for our review, we dismiss the appeal. (Cole, supra, 52 Cal.App.5th at p. 1028 [court may dismiss an appeal as…