People v. Glasper CA1/1

Filed 10/2/20 P. v. Glasper CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A157815

v. (San Mateo County Super. ABRAHAM GLASPER, Ct. No. SC-019835-A) Defendant and Appellant.

Abraham Glasper appeals from an order summarily denying his petition for resentencing pursuant to Penal Code1 section 1170.95. (See § 1237, subd. (b); Teal v. Superior Court (2014) 60 Cal.4th 595, 597.) Glasper’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, 441–442 and identified potential issues to assist our independent review (Anders v. California (1967) 386 U.S. 738, 744; see People v. Kelly (2006) 40 Cal.4th 106, 109–110). Glasper’s appellate counsel advised Glasper of his right to file a supplemental brief, bringing to this court’s attention any issue he believed deserved review. Glasper has not done so.

All statutory references are to the Penal Code unless otherwise 1

specified. 1

There is currently a split among appellate courts regarding whether an appeal from the summary denial of a section 1170.95 petition should be subject to Wende review. (See People v. Flores (2020) 54 Cal.App.5th 266, 269 [“when an appointed counsel files a Wende brief in an appeal from a summary 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.5th1023, 1028– 1029 [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. FACTUAL AND PROCEDURAL BACKGROUND2 The victim in this case was an 18-month-old girl, S.D. In January 1988, 19-year-old Glasper was living at a homeless shelter with his mother and half siblings. Glasper and S.D.’s mother, who was also living at the shelter, began a relationship. Glasper was suffering from severe cocaine addiction at the time. On January 21, 1988, Glasper was using crack cocaine while caring for S.D. In response to S.D.’s ongoing crying, Glasper became angry, lost control and punched S.D. repeatedly in the abdomen, killing her. It was only after he realized the child was dead that he sought assistance.