People v. Haley

• Decision Date: 01 November 2022
• Docket Number: C095475
• Parties: THE PEOPLE, Plaintiff and Respondent, v. GABRIEL DYLAN HALEY, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

THE PEOPLE, Plaintiff and Respondent,
v.
GABRIEL DYLAN HALEY, Defendant and Appellant.

C095475

California Court of Appeals, Third District, Lassen

November 1, 2022

NOT TO BE PUBLISHED

(Super. Ct. No. CR011634)

HULL, J.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).

On September 4, 1997, a jury found defendant Gabriel Dylan Haley guilty of first degree murder and found true the special allegation he intentionally killed the victim while lying in wait. On September 25, 2000, we affirmed defendant's conviction. (People v. Ladner (Sept. 25, 2000, C027881) [nonpub. opn.].)

On September 9, 2021, defendant filed a form petition for resentencing under Penal Code former section 1170.95 alleging he was convicted of murder pursuant to the

1

felony-murder rule or the natural and probable consequences doctrine and could not now be convicted of murder due to changes made to Penal Code sections 188 and 189, effective January 1, 2019.

On October 18, 2021, the trial court denied defendant's petition by written order stating defendant "was not convicted under a theory of felony-murder of any degree, or a theory of natural and probable consequences."

Defendant appealed the trial court's order denying his petition.

Appointed counsel for defendant asked this court to independently review the record pursuant to Wende. Defendant was advised by counsel of the right to file a supplemental brief within 30 days. Defendant did not file a supplemental brief.

DISCUSSION

Review pursuant to Wende or its federal constitutional counterpart Anders v. California (1967) 386 U.S. 738 is required only in the first appeal of right from a criminal conviction. (Pennsylvania v. Finley (1987) 481 U.S. 551, 555; Conservatorship of Ben C. (2007) 40 Cal.4th 529, 536-537; People v. Serrano (2012) 211 Cal.App.4th 496, 500-501.)

California's "Wende procedure" does not apply to appeals such as this one, which is from a denial of postconviction relief. (People v. Weisner (2022) 77 Cal.App.5th 1072, 1079, review granted July 13, 2022, S274617; People v. Figueras (2021) 61 Cal.App.5th 108, review granted May 12, 2021, S267870; People v. Flores (2020) 54 Cal.App.5th 266; People v. Cole (2020) 52 Cal.App.5th 1023, review granted Oct. 14, 2020, S264278.) This is so because this is not the defendant's first appeal as of right. (See In re Sade C. (1996) 13 Cal.4th 952, 986 [Wende/Anders review "mandated for only one...