People v. Burnett CA3

DISCUSSION

The California Supreme Court has considered whether the Wende process applies to a trial court’s order denying a petition for postconviction relief under former section 1170.95 and concluded such procedures are not required. (People v. Delgadillo, supra, 14 Cal.5th at pp. 221-222.) The Supreme Court laid out applicable procedures for such cases, saying, where, as here, a defendant has filed a supplemental brief, “the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion. The filing of a supplemental brief or letter does not compel an independent review of the entire

2 record to identify unraised issues.” (Id. at p. 232.) Defendant raises three issues related to his original trial, arguing a police detective lied to him in an interrogation, there was a lack of evidence as to the firearm used, and one of the witnesses at trial lied. None of these issues are cognizable in an appeal from an order denying a resentencing petition under former section 1170.95. (People v. DeHuff (2021) 63 Cal.App.5th 428, 438 [former section 1170.95 “does not permit a petitioner to establish eligibility on the basis of alleged…