What is the effect of a waiver of the right to appeal against a finding that a defendant breached the terms of a certificate of probable cause?
California, United States of America
The following excerpt is from People v. Nelson, E062170 (Cal. App. 2015):
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and a few potential arguable issues: (1) whether the waiver of the right to appeal was valid; (2) whether the court abused its discretion in denying the certificate of probable cause; (3) whether defendant's guilty plea was constitutionally valid; (4) whether it was proper for the court to impose restitution on the dismissed counts; (5) whether there was a sufficient factual basis for the plea; and (6) whether defendant's trial counsel was ineffective. Counsel has also requested this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
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The judgment is affirmed.
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