Does the Court of Appeal have a duty to independently review the entire record of a section 1170.95 petition?

California, United States of America


The following excerpt is from People v. Bell, A158213 (Cal. App. 2020):

denial of a section 1170.95 petition, a Court of Appeal is not required to independently review the entire record, but the court can and should do so in the interests of justice"]; People v. Cole (2020) 52 Cal.App.5th 1023, 1028-1029, review granted Oct. 14, 2020, S264278 [dismissing as abandoned Wende appeal from the summary denial of a section 1170.95 petition; noting that the "court has the duty to address any issues raised by the defendant [in supplemental briefing] but otherwise may dismiss the appeal without conducting an independent review of the record"].) Assuming without deciding that Wende review is available in these proceedings, our independent review of the record has revealed no arguable issues. We therefore affirm.

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