How has the court dealt with a notice of appeal against a judgment of no merit for failure to provide a supplemental brief?
California, United States of America
The following excerpt is from People v. Lopez, B257481 (Cal. App. 2015):
Lopez filed a notice of appeal. On February 5, 2015, his appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were raised. The brief included a declaration from counsel that he had reviewed the record and had sent Lopez a letter advising him that such a brief would be filed and that he could file a supplemental brief if he chose to. That same day this court sent Lopez a letter advising him that a Wende brief had been filed and that he had 30 days to submit a brief raising any issues he wanted us to consider. Lopez did not file a supplemental brief.
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We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; Wende, supra, 25 Cal.3d 436.)
The judgment is affirmed.
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