People v. Hernandez CA4/2, E077943

Hernandez was convicted by jury of second degree murder as an aider and abettor and found to have used a shovel; sentenced to 15 years to life plus a 1-year weapon enhancement.
His direct appeal was previously affirmed; he later filed a section 1170.95 petition (post‑SB 1437) seeking resentencing.
Trial court initially struck the petition as SB 1437 unconstitutional; this court reversed that ruling and remanded for §1170.95 proceedings.
On remand the People opposed the petition, relying on the trial record to show Hernandez instigated and was a major participant who acted with reckless indifference.
At a prima facie hearing in September 2021 (Hernandez absent but represented), the trial court found the petition failed to make a prima facie showing and denied relief; Hernandez appealed.
Appellate counsel filed a Wende/Anders brief and Hernandez did not file a supplemental brief; the Court of Appeal dismissed the appeal as abandoned, concluding Wende/Anders review is not required for this postjudgment appeal.

Issue	People’s Argument	Hernandez’s Argument	Held
Whether §1170.95 applies given the theory of conviction (felony murder vs. natural/probable consequences)	Record and instructions show aider/abettor liability; People rely on trial record to show ineligibility	§1170.95 should apply if conviction rests on theories the statute altered	Court did not resolve merits; appeal dismissed as abandoned and no Wende review conducted
Whether the prima facie hearing was prejudicially held without Hernandez present or a valid waiver	Proceeding was proper with counsel present; no prejudice shown in record	Absence/waiver defective; hearing error	Court did not reach the merits; appeal dismissed as abandoned
Whether the trial court improperly engaged in factfinding/weighing evidence at the prima facie stage (violating §1170.95(c))	Court relied on existing trial record to determine prima facie showing failed	Court impermissibly weighed evidence and made factual determinations at prima facie stage	Court did not decide the substantive claim; appeal dismissed as abandoned

People v. Wende, 25 Cal.3d 436 (Wende/Anders procedure for appointed counsel in first appeals of right)
Anders v. California, 386 U.S. 738 (federal counterpart establishing counsel’s duties when seeking to withdraw)
Pennsylvania v. Finley, 481 U.S. 551 (Wende/Anders limited to first appeals of right)
Conservatorship of Ben C., 40 Cal.4th 529 (discussing scope of Wende/Anders in California)
People v. Serrano, 211 Cal.App.4th 496 (holding Wende review is not required for appeals that are not first appeals of right)