Is there a procedure enabling meaningful review of a death sentence?

Montiel's allegation that California's statute has no requirement for a procedure enabling meaningful review is not well taken. In California, appellate review of capital cases is provided by Penal Code section 1239(b). After a judgment of death is rendered, an appeal is automatic without any action by the defendant or his counsel. The mandate of this provision, which safeguards the rights of those on whom a death sentence is imposed, is so compelling that even where defendant's counsel does not make an appearance and no brief or argument is presented, a duty is imposed upon the high court to examine the complete record of the trial and ascertain whether the defendant was given a fair trial. People v. Perry, 14 Cal. 2d 387, 392 (1939), quoted in People v. Stanworth, 71 Cal. 2d 820, 833 (1969).