Can a defendant timely appeal from the order denying him a timely appeal?

Defendant timely appealed from the order denying his petition. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appointed counsel filed a brief on behalf of defendant setting forth the facts of the case and requesting this court review the entire record. In addition, pursuant to Anders v. California (1967) 386 U.S. 738, appointed counsel set forth the following possible, but not arguable, issues to assist us in conducting our Wende review: (1) whether the court erred in finding defendant's petition was untimely; and (2) whether the court erred in finding defendant's commitment offense for his indeterminate sentence was a "serious felony" as defined in section 1192.7, subdivision (c)(18) and thus did not qualify for the relief provided by section 1170.126.