People v. Delgadillo

Summary

The California Supreme Court held that the Wende procedure—independent appellate review triggered by appointed counsel's no-issue brief—is not constitutionally required on appeal from the denial of a Penal Code section 1172.6 resentencing petition, because no constitutional right to counsel attaches to state postconviction proceedings and due-process balancing does not mandate independent review. Exercising its inherent supervisory authority, the court prescribed a prospective framework: counsel files a no-issue brief, the court notifies the defendant of the right to file a supplemental brief or letter within 30 days, any supplemental filing must be evaluated in a written opinion, and the appeal may otherwise be dismissed as abandoned. Although the notice given Delgadillo was suboptimal, the court declined to reach his due-process challenge to it, independently reviewed the record, and concluded he was ineligible for relief as the actual killer and sole participant.