Weisner

FACTS AND HISTORY OF THE PROCEEDINGS

This appeal comes to us ostensibly pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and following defendant’s filing of a pro. per. supplemental brief arguing (1) the trial court improperly sentenced him contrary to his original plea agreement, (2) his counsel was ineffective and concealed evidence, and (3) the prosecution refused to disclose exculpatory evidence in the original proceedings. We note that the trial court denied defendant’s two requests for certificates of probable cause. Despite the expansive claims in the notice of appeal, the only issue cognizable on appeal is the denial of his motion to reduce the grand theft charge to a misdemeanor. (Cal. Rules of Court, rule 8.304(b)(3); People v. Aguilar (2003) 112 Cal.App.4th 111, 114.)

DISCUSSION

Review pursuant to Wende or its federal constitutional counterpart Anders v. California (1967) 386 U.S. 738 (Anders) 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.) California’s “Wende procedure”…