What is the legal test for an appeal from a finding that a defendant has been convicted of second degree murder under section 1170.95 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Del Horno, C089681 (Cal. App. 2020):

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the relevant procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief and has filed a supplemental brief, which we understand to challenge the propriety of various aspects of his second degree murder conviction, as well as challenging the trial court's compliance with due process in denying his petition for resentencing without appointment of counsel and further proceedings.

Whether the protections afforded by Wende and the United States Supreme Court decision in Anders v. California (1967) 386 U.S. 738 [18 L.Ed.2d 493] apply to an appeal from an order denying a petition brought pursuant to section 1170.95 remains an open

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