Can a defendant appeal against a finding of not guilty on the basis of gross negligence?

California, United States of America


The following excerpt is from People v. Smith, E063324 (Cal. App. 2015):

After defendant appealed, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to conduct an independent review of the record.

We offered defendant an opportunity to file a personal supplemental brief, and he has not done so.

Page 5

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.

The judgment is affirmed.

Other Questions


Can a defendant appeal against a finding of not guilty on the basis of gross negligence? (California, United States of America)
What is the result of the Court of Appeal's decision in the case of defendant in the Superior Court of Justice on appeal against a finding of not guilty of a charge of gross negligence? (California, United States of America)
Can a defendant appeal against a finding of not guilty on the basis of gross negligence? (California, United States of America)
Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)
What is the legal test for a defendant to appeal against a finding that he has been found not guilty on appeal? (California, United States of America)
What is the test for reversing a finding of guilty on appeal against a finding that a defendant was driving under the influence of alcohol? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What is the test for negating a finding that a jury found a defendant guilty on a different basis than on the basis of reasonable doubt? (California, United States of America)
What is the difference between a jury finding a defendant guilty of heat-of-passion manslaughter and finding him guilty of manslaughter? (California, United States of America)
What is the proper disposition on appeal from a judgment of the Superior Court of Appeal finding defendant guilty of second degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.