People v. Guajardo CA3

DISCUSSION

Counsel filed an opening brief that sets forth the relevant procedural history and facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed but has not done so. Review pursuant to Wende or its federal constitutional counterpart, Anders v. California (1967) 386 U.S. 738, is required only in the first appeal of right from a criminal conviction. (Pennsylvania v. Finley (1987) 481 U.S. 551, 555; Conservatorship of Ben C. (2007) 40 Cal.4th 529, 536-537; People v. Serrano (2012) 211 Cal.App.4th 496, 500-501.) And the due process right to Anders/Wende review applies only in appellate proceedings in which a defendant has a previously established constitutional right to counsel. (Ben C., at pp. 536-537; Serrano, at p. 500.) The constitutional right to counsel extends to the first appeal of right, and no further. (Serrano, at pp. 500-501.) Although a criminal defendant has a right to appointed counsel in an appeal from an order after…