Can a defendant's counsel argue that there are no arguable issues on appeal?

California, United States of America


The following excerpt is from People v. Archuleta, H042018 (Cal. App. 2016):

Defendant's counsel filed an opening brief in which no issues are raised and asked this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. We notified defendant of his right to submit a written argument on his own behalf, but he has not done so.

Page 2

After independent review of the record, we conclude that there are no arguable issues on appeal. As required by People v. Kelly (2006) 40 Cal.4th 106, 110, we will provide "a brief description of the facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed." We will further include information about aspects of the trial court proceedings that might become relevant in future proceedings. (Id. at p. 112.)

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