People v. Banks 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 section 1172.6 and concluded such procedures are not required. (People v. Delgadillo, supra, 14 Cal.5th at pp. 221-222.) Our Supreme Court in Delgadillo 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 record to identify unraised issues.” (Id. at p. 232.) Defendant makes several arguments in her supplemental brief contesting her culpability: (1) She had several circumstances affecting her mental state during the assault; (2) the victim had threatened to kill her baby; (3) she “assulted [sic] the victim by stabing [sic] him but [she] did not kill him” (capitalization omitted) because the victim was already dying; (4) she has been the victim of sexual assault; and (5) she did not have a violent criminal history before this conviction.…