People v. Contreras CA4/2

California Court of Appeal Aug 21, 2020 No. E074711Unpublished

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Holding. The court dismissed the defendant's appeal from the denial of a Penal Code section 1170.95 petition because the defendant declined to file a supplemental brief after the court determined he was not entitled to Wende review.

Issues

Whether a defendant is entitled to Wende review on an appeal from a collateral postconviction order.
Whether the appeal should be dismissed as abandoned after the defendant declined to file a supplemental brief.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Contreras appeals from a collateral postconviction order, so he is not entitled to Wende review, and we decline to exercise our discretion to conduct an independent review of the record in this case.”

“we therefore dismiss his appeal as abandoned.”

Filed 8/21/20 P. v. Contreras CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E074711

v. (Super.Ct.No. CR27580)

JOE DANIEL CONTRERAS,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge.

Dismissed.

Siri Shetty, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

MEMORANDUM OPINION

On June 24, 1988, a jury convicted Joe Daniel Contreras of two counts of first

degree murder and one count of attempted murder. On direct appeal, Division One

reduced one of the convictions for first degree murder to second degree murder and

reduced the attempted murder conviction to assault with a deadly weapon. (People v.

Contreras (Oct. 26, 1990, D012072 [nonpub. opn.].)

In July 2019, Contreras filed a petition for resentencing under recently enacted

People v. Contreras CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

JOE DANIEL CONTRERAS,

MEMORANDUM OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MENETREZ J.

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