California v. Weisner
Annotate this CaseDefendant Frankie Weisner pleaded no contest to second degree robbery and grand theft, and admitted he personally used a firearm in the robbery. After his initial appeal was denied as untimely, defendant sought to reduce his conviction on the grand theft count to a misdemeanor under Penal Code section 1170.18, which the trial court denied. Defendant appealed the trial court’s order denying his petition for resentencing. Once the Court of Appeal determines an appeal of the denial of postconviction relief is not subject to "Wende" review, then the case becomes a "standard" appeal of an order denying postconviction relief in which defendant, through counsel, stated there were no issues that properly could be raised on appeal. Under these circumstances, the appeal was abandoned and the Court of Appeal dismissed it.
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