People v. Cole
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The Court of Appeal held that the constitutional underpinnings of People v. Wende (1979) 25 Cal.3d 436, do not apply to appeals from the denial of postconviction relief. Therefore, the procedure the court and other courts have described is grounded solely in the courts' supervisory powers to control the proceedings before the court.
The court also held that, in the exercise of these powers, counsel appointed in such appeals is required to independently review the entire record and, if counsel so finds, file a brief advising the appellate court that there are "no arguable issues to raise on appeal;" the defendant has a right to file a supplemental brief; and this court has the duty to address any issues raised by the defendant but otherwise may dismiss the appeal without conducting an independent review of the record. Here, the court dismissed the appeal as abandoned because the defendant who has appealed the denial of postconviction relief in this case has not filed a supplemental brief.
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