People v. Morris CA1/5

DISCUSSION

As mentioned, appointed counsel has identified no issue for review. Appointed counsel acknowledged in his brief that several courts have held Wende review is constitutionally required only from a defendant’s first appeal from a criminal conviction. Under this case law, Wende review is not required from defendant’s present appeal because it from a postconviction order denying sentencing relief. (People v. Cole (2020) 52 Cal.App.5th 1023, 1028, review granted October 14, 2020, S264278 [Wende does not apply to appeals from the denial of postconviction relief]; 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, defendant’s appeal is subject to dismissal. (Cole, supra, 52 Cal.App.5th at p. 1028, rev.gr.) This case law recognizes, however, that an appellate court nonetheless has discretion…