Can a defendant appeal against his conviction for assault against a probation officer for breach of his probation?

California, United States of America


The following excerpt is from People v. Kunz, E074314 (Cal. App. 2020):

After 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, a summary of the facts, and potential arguable issues, and has requested this court to undertake a review of the entire record. Pursuant to Anders, counsel identified the following issues to assist the court in its search of the record for error:

(1) "Was trial counsel ineffective under the Sixth Amendment when she failed to file a timely motion to suppress?"

(2) "Was the probation condition prohibiting appellant from leaving the state without permission of his probation officer reasonable?"

We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we

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have independently reviewed the record for potential error, and find no arguable issue for reversal on appeal.

The judgment is affirmed.

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