California, United States of America
The following excerpt is from People v. Zack, 162 Cal.App.2d 428, 327 P.2d 576 (Cal. App. 1958):
Upon application of appellant for appointment of counsel, this court appointed an attorney for the purpose of filing a brief, if, upon examination of the record, he found any justification for a brief. The attorney reported to this court that he had examined the record and that, in his opinion, there [162 Cal.App.2d 430] was no merit in the appeal and the filing of a brief would be unjustified. Appellant was duly so advised and was given the opportunity to file a brief in his own behalf. No brief has been filed. In accordance with our practice we have made an independent examination of the record. See, People v. Logan, 137 Cal.App.2d 331, 290 P.2d 11.
In our opinion the writ was properly denied. In order to present a meritorious application for vacation of a judgment there must be a strong showing of the existence of some fact which was unknown to the appellant at the time of trial and which could not have been ascertained by him in the exercise of reasonable diligence and the fact must be one which, if it had been known, would have prevented the rendition of the judgment. People v. Adamson, 34 Cal.2d 320, 326-327, 210 P.2d 13, and cases cited.
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