When will a motion for reconsideration be considered a notice of appeal?

California, United States of America


The following excerpt is from People v. Chavarria, E072925 (Cal. App. 2019):

After defendant's motion for reconsideration was deemed to be a notice of appeal, this court appointed counsel to represent defendant. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record. Pursuant to Anders, counsel identified the following issue to assist the court in its search of the record for error: Did the trial court err by denying the motion for resentencing under Penal Code section 1170.91?

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