Can a defendant appeal against a finding that he was not properly advised of his constitutional rights when he pleaded guilty to a charge of assault?
California, United States of America
The following excerpt is from People v. Kiger, E065383 (Cal. App. 2016):
Defendant appealed and, 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 and one potential arguable issue: whether defendant was properly advised of his constitutional rights and consequences of pleading guilty, and whether he voluntarily waived them. Counsel has also requested this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
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The judgment is affirmed.
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