Apr. 27, 2022 – People v. Weisner (3rd Dist., C095039)

On appeal from the denial of a PC 1170.18 request for reduction of a felony conviction, appellate counsel filed a Wende brief, and defendant filed a supplemental brief raising various claims. The Court of Appeal holds that Wende does not apply, and that the appeal must be dismissed as abandoned. The court explains that “in a non-Wende appeal, the defendant . . . does not have the right to submit his or her own arguments to the court for resolution,” except where the arguments are “limited to matters concerning representation” – e.g., Marsden motions to substitute counsel – and are “clearly labeled as such.”