People v. Abiel CA4/1

DISCUSSION

As we have noted, appellate counsel has filed a brief pursuant to Delgadillo, but asks us to apply the Wende procedure and review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified two possible issues that were considered in evaluating the potential merits of this appeal: 1. Whether the trial court was correct in stating the issues in this appeal had been fully litigated in the previous petition. 2. Whether the trial court prejudicially erred in ruling on the second petition without first receiving briefing as mandated by statute. In his supplemental brief, Abiel argues his form declaration filed with his petition was sufficient to state a prima facie case for relief. Abiel does not deny he is the person who stabbed the victim causing death. He seeks to make the case that the stabbing was not intentional and that someone else actually brought the knife to the scene. He does not contend he was an aider and abettor whose liability arises from the felony murder rule or from the doctrine of natural and probable consequences. Rather, Abiel seeks to mitigate his…