California, United States of America
The following excerpt is from People v. Hidalgo, B280649 (Cal. App. 2017):
Defendant's appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) requesting we independently review the entire record to determine if there are any arguable issues on appeal. We notified defendant he could independently brief any contentions he wanted to have considered. Defendant filed a supplemental brief arguing: (1) that Proposition 47 ( 1170.18) required that his convictions be reduced to misdemeanors; (2) that an assault not involving a deadly weapon does not qualify as a "serious felony"; (3) sentencing enhancements pursuant to section 186.22, subdivision (b)(1) and section 12022.53, subdivision (b) cannot both be imposed; and (4) the denial of effective assistance of counsel. We affirm the judgment.
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