Can a defendant appeal against a finding that the trial court erred when it declared a mistrial on the false imprisonment charge?

California, United States of America


The following excerpt is from The People v. Morales, No. E049728, No. INF060717 (Cal. App. 2010):

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 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, and he has done so. In his two-page supplemental letter brief, defendant generally contends that he received ineffective assistance of counsel, the trial court erred when it declared a mistrial "based on personal family issues," he was not guilty of the false imprisonment charge and felt compelled to state he was guilty for that charge, and the trial court violated section 654. Defendant does not support his contentions with any argument or citations. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error.

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