People v. Salceda CA2/3

INTRODUCTION

Hector Campos Salceda appeals from an order denying his petition for resentencing under Penal Code1 section 1170.95 (now § 1172.6).2 His appellate counsel declared he was unable to find any arguable issues and asked us to proceed under People v. Serrano (2012) 211 Cal.App.4th 496. Some appellate courts have held that an appeal from a postconviction order may be dismissed as abandoned if counsel has found no arguable issues and the defendant has not filed a supplemental brief. (See, e.g., People v. Cole (2020) 52 Cal.App.5th 1023, 1028, review granted Oct. 14, 2020, S264278; Serrano, at p. 501.) After exercising our discretion to conduct a review of the merits of the appeal under People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm the order.

BACKGROUND

Salceda summarized the underlying facts from the probation report and the People’s opposition to the resentencing petition which, in turn, summarized the facts set forth in our prior opinion affirming the judgment of conviction, People v. Salceda (Feb. 23, 2021, B298363) [nonpub. opn.] (Salceda). Our summary of the facts and procedural history are taken from Salceda and the record in this appeal. This matter…