People v. Coulter CA2/6

Discussion Where, as here, appointed counsel finds no arguable issues in an appeal that is not from the first appeal after conviction, appellant is not entitled to our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, or its federal counterpart, Anders v. California (1967) 386 U.S. 738. (Delgadillo, supra, 14 Cal.5th at p. 226.) However, he is entitled to appellate consideration of any contentions raised in his supplemental brief. (Id. at p. 232.) Appellant’s supplemental brief contains no formal legal argument. He states that he believes he was “oversentenced [sic] and the first counsel I was appointed back in 2006 did not represent me properly, and convinced me to take a

3 deal which really was no deal at all.” Neither point provides a basis for resentencing under section 1172.6.2 To be eligible for resentencing, appellant must establish that he pled guilty in lieu of a trial at which he could have been convicted of murder on a now-invalid theory. (§ 1172.6, subd. (a)(2).) But appellant was charged with murder as the actual killer, not on any theory of imputed malice. At his plea hearing, appellant, who was the only person charged with these…