People v. Padilla CA4/2

California Court of Appeal Dec 20, 2023 No. E082023Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court dismissed the defendant's appeal from the denial of postconviction relief because the defendant failed to file a supplemental brief after being notified that Wende procedures did not apply and that the appeal could be dismissed as abandoned.

Issues

Whether the court is required to conduct an independent review of the record under People v. Wende in an appeal from the denial of postconviction relief.
Whether the appeal should be dismissed as abandoned following the defendant's failure to file a supplemental brief.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Wende does not apply to an appeal from the denial of postconviction relief.”

“We consider defendant’s appeal abandoned and order the appeal dismissed.”

Filed 12/20/23 P. v. Padilla 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E082023

v. (Super.Ct.No. SWF025883)

RUBEN ANGEL PADILLA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Bernard Schwartz, Judge.

Dismissed.

Deanna L. Lopas, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Ruben Angel Padilla appeals from a postjudgment order rejecting the

California Department of Corrections and Rehabilitation’s recommendation that he be

resentenced under Penal Code1 section 1172.1 (formerly §§ 1170, subdivision (d)(1),

1170.03).2 Appellate counsel filed a brief raising no arguable issues under People v.

Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 and

People v. Padilla CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

RUBEN ANGEL PADILLA, OPINION

INTRODUCTION

More from California Court of Appeal

Related research

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAPHAEL J.

MENETREZ J.

AI Brief