Can a defendant appeal against his sentence for sexual assault against a judge's finding that he is not eligible for relief because of his prior conviction for rape?

California, United States of America


The following excerpt is from People v. Johnson, C084008 (Cal. App. 2018):

Defendant's petition for resentencing was denied upon a determination that he was not eligible for relief because he had sustained a prior conviction for rape ( 261) requiring him to register as a sex offender ( 290, subd. (c), 1170.18, subd. (i)). Counsel was appointed to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting this court to review the record and determine whether there were any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Counsel advised defendant of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.

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