People v. Serrano
211 Cal. App. 4th 496
| Cal. Ct. App. | 2012Background
- Serrano, a permanent resident, faces deportation based on a 2007 conviction.
- 2004 plea: burglary of a vehicle, vandalism, displaying a deadly weapon, and drug use; probation with 364 days in jail.
- 2006 plea: second degree robbery with personal use of a knife; probation.
- 2007 sentence: probation violations led to prison term; judgments consolidated.
- 2007 Serrano dismissed his first appeal of right after record submission.
- 2010 Serrano moved to vacate judgment arguing lack of valid immigration advisements and ineffective assistance; trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wende review applies to postconviction appeals | Serrano argues Wende should apply | Serrano argues Wende not required in postconviction context | Not required; appeal dismissed as abandoned |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (established review framework when no meritorious issues on first appeal)
- In re Sade C., 13 Cal.4th 952 (1996) (due process limits of extending Anders/Wende beyond first appeal)
- People v. Kelly, 40 Cal.4th 106 (2006) (right to counsel on appeal and review standards)
- Finley v. Kentucky, 481 U.S. 551 (1987) (limits Anders to first appeal of right; postconviction review not constitutionally protected)
- Conservatorship of Ben C., 40 Cal.4th 529 (2007) (limits Anders/Wende to first appeal; preserves state interests in efficiency)
- Padilla v. Kentucky, 559 U.S. 356 (2010) (deportation consequences tied to criminal process; not altering postconviction counsel rights)