Serrano

Defendant Amador Serrano, a permanent resident of the United States, currently faces deportation as a result of a conviction he sustained in 2007. He appeals from an order entered by the trial court denying his motion to vacate the conviction. On appeal, his counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 ] (Wende). Because this appeal was not defendant’s first appeal of right, but a subsequent appeal from a postjudgment proceeding, we asked counsel to brief the question of whether defendant was entitled to the benefit of the Wende procedure. We now conclude that because this is an appeal from a postconviction proceeding, defendant is not entitled to Wende review. Consequently, we dismiss the appeal as abandoned.

Factual and Procedural Background

In 2004, defendant pleaded no contest to one count of burglary of a vehicle (Pen. Code, §§ 459, 460, subd. (b)), one count vandalism (Pen. Code, § 594, subds. (a), (b)(1)), one count of exhibiting a deadly weapon other than a firearm (Pen. Code, § 417, subd. (a)(1)), and one count of using or being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a).)…