What is the effect of an independent review of the record on a motion of appeal?

California, United States of America


The following excerpt is from People v. Zendejas, E063433 (Cal. App. 2015):

After defendant appealed, upon his request, this court appointed counsel to represent him on appeal. 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 summary of the facts and requesting this court to conduct an independent review of the record.

We offered defendant an opportunity to file a personal supplemental brief, and he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.

Page 4

The order denying defendant's Proposition 47 petition for recall and resentencing is affirmed.

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