People v. Kramer CA2/6

Good Law
Court of Appeal of CaliforniaMarch 12, 2024B327142California420 words

Opinion

Opinion

Cody, J.

DISCUSSION

Appellant is not entitled to our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, or its federal constitutional counterpart, Anders v. California (1967) 386 U.S. 738, because he appeals an order denying postconviction relief rather than his underlying criminal conviction. (Delgadillo,

2 Appellant’s notice of appeal dated October 14, 2022 and

filed on October 31 concerns the September 22 denial. His notice of appeal dated December 19, 2022 and filed on January 4, 2023 concerns the December 8 denial. We consider both here.

3 supra, 14 Cal.5th at pp. 221-222, 230; see People v. Kelly (2006) 40 Cal.4th 106, 119 [independent judicial review mandated by Anders applies only to first appeal as of right]; People v. Serrano (2012) 211 Cal.App.4th 496, 503.) He is nevertheless entitled to our consideration of the contentions raised in his supplemental brief. (See Delgadillo, at p. 232; Serrano, at p. 503.) Appellant’s supplemental brief describes this appeal as “a simple request to correct errors in a Probation Officer’s Report.” He contends the report contains false or inaccurate information about, among other things, the scope of his…

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