People v. Wells CA1/1
A172937
| Cal. Ct. App. | Jun 30, 2025Background
- Christopher Kelly Wells was convicted in 2014 of robbery, assault with a firearm, and related firearm enhancements, and sentenced to 76 years to life plus 40 years.
- The judgment was affirmed on appeal, with minor corrections.
- In July 2024, Wells, representing himself, petitioned to recall his sentence and resentence him under recent legislative changes (Assembly/Senate Bill 81), specifically seeking dismissal of prior conviction enhancements.
- The trial court treated the request as a petition under Penal Code section 1172.1, which allows designated government agencies, but not defendants themselves, to initiate sentence recall proceedings.
- The trial court dismissed the petition, noting Wells was not authorized to seek relief under this provision, and Wells then appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant may appeal denial of a self-filed petition for recall and resentencing under Penal Code § 1172.1 | Only authorized agencies may file; order not appealable | Wells claims court should rule on his petition; wants resentencing | Court holds no appeal is allowed; lacks jurisdiction |
| Availability of Wende review for postconviction orders | Not directly addressed | Wells seeks independent review of record | Court finds Wende review not constitutionally required in this context, but reviews record as courtesy |
Key Cases Cited
- People v. Wende, 25 Cal.3d 436 (Cal. 1979) (establishes procedure for appellate review when appellate counsel finds no arguable issue)
- People v. Delgadillo, 14 Cal.5th 216 (Cal. 2022) (no right to Anders/Wende review in postconviction appeals absent constitutional right to counsel)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for appellate counsel withdrawal on grounds of frivolous appeal)