Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge?
California, United States of America
The following excerpt is from People v. Heath, A153614 (Cal. App. 2018):
Defendant filed a timely notice of appeal "based on the sentence or other matters occurring after the plea that do not affect the validity of the plea." A request for a certificate of probable cause was made, but we have found no ruling on that request in the record. Counsel was appointed to represent defendant, and has filed a brief setting forth the facts of the case, but advising the court under the authority of People v. Wende (1979) 25 Cal.3d 436, no issues were found to argue on defendant's behalf. Defendant was notified by his counsel he had 30 days to file a supplemental brief with the court. No supplemental brief has been received.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have examined the entire record ourselves to see if any arguable issue is present. Though there is no ruling in the record with respect to defendant's request for a certificate of probable
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