People v. Cox CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. The Murder Trial and Resulting Convictions

After a shooting at a New Year’s Eve party resulted in one death and numerous injuries, Cox and two codefendants were charged with one count of murder (§ 187, subd. (a)) and three counts of attempted murder (§ 664; see also § 187, subd. (a)). Cox

There is currently a split in authority as to whether the independent review mandated by Wende applies to an appeal from the denial of a petition filed pursuant to former section 1170.95. (Compare Cole, supra, 52 Cal.App.5th at 1028 [“Wende’s constitutional underpinnings do not apply to appeals from the denial of postconviction relief”]; People v. Figueras (2021) 61 Cal.App.5th 108, 111 [same], review granted May 12, 2021, S267870; and People v. Gallo (2020) 57 Cal.App.5th 594, 599 [“dismissal is discretionary, and . . . we can and should independently review the record on appeal in the interests of justice”]; People v. Allison (2020) 55 Cal.App.5th 449, 456 [same].) The issue is currently pending before the Supreme Court. (People v. Delgadillo (Nov. 18, 2020, B304441 [nonpub. opn.], review granted Feb. 17, 2021, S266305.) Pending guidance from the…