People v. Sims CA4/2

INTRODUCTION

Defendant and appellant Damion Paul Sims appeals from a postjudgment order

denying three motions he filed in propria persona. Appellate counsel filed a brief raising

no arguable issues under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v.

California (1967) 386 U.S. 738 and asked us to conduct an independent review of the

record. However, Wende does not apply to an appeal from the denial of postconviction

relief. (People v. Delgadillo (2022) 14 Cal.5th 216, 226 (Delgadillo).) Thus, we have no

obligation to conduct an independent review of the record.

On February 2, 2024, we notified defendant that: (1) counsel filed a brief

indicating no arguable issues had been identified; (2) as a case arising from an order

denying postconviction relief, this court was not required to conduct an independent

review of the record, but we could do so in our discretion; and (3) in accordance with the

procedures set forth in Delgadillo, supra, 14 Cal.5th 216, he had 30 days in which to file

a supplemental brief raising any argument he wanted this court to consider. Defendant

filed a supplemental brief, which we have reviewed. We dismiss the appeal.

PROCEDURAL…