Can a defendant appeal against a finding that there is no arguable issue on appeal?

California, United States of America


The following excerpt is from People v. Santos, H038144 (Cal. App. 2012):

Defendant filed a timely notice of appeal and we appointed counsel to represent him in this court. Appointed counsel has filed a brief in this court which states the case and facts but which raises no issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no response from defendant. Pursuant to People v. Wende, supra, 25 Cal.3d 436, and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

The trial court's order of February 24, 2012, is affirmed.

Page 3

Other Questions


What are the grounds for appeal against a finding that there is no arguable issue on appeal? (California, United States of America)
Can a defendant appeal his conviction for sexual assault against a judge's finding that the issue raised in his notice of appeal concerns the determination of guilt or innocence or is not reviewable under section 1237.5? (California, United States of America)
How have we dealt with an appeal from a finding that there are no arguable issues to assert on defendant's behalf? (California, United States of America)
Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)
Can a defendant appeal against a finding that the judgment against him in the Superior Court of Appeal against him was unlawful, unlawful, unjustified, and unjustified? (California, United States of America)
Can a defendant withdraw her plea and appeal against a certificate of probable cause issued by the Superior Court of Appeal? (California, United States of America)
Does the Attorney General have grounds to appeal against the Court of Appeal's finding that a defendant has a reasonable doubt in the mind of one juror? (California, United States of America)
Does a defendant have to submit an appeal to the Court of Appeal against a finding of probable cause under California Penal Code section 1202.1? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Can a defendant's counsel argue that there are no arguable issues on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.