In a motion to appeal against the conviction and sentence of a convicted rapist, how have the appellate courts dealt with the issue?

Xenakis's appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting she could not identify any arguable issues in this case. After a thorough review of the record, we agree. The facts establishing Xenakis's guilt were overwhelming, including her own admissions when interviewed by the police. For the most part, the parties agreed on jury instructions. There were no serious evidentiary disputes, no objections during closing arguments, and the jury returned verdicts as favorable to Xenakis as one might expect in these circumstances. The sentence was well within the trial court's discretion.

We note that Xenakis made two motions for replacement of her appointed counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. We have reviewed the transcripts from these hearings and conclude the trial court properly denied the motions.

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