What is the test for an appellant to appeal against a finding that the trial court exercised its discretion not to grant a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Taylor, C089004 (Cal. App. 2020):

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed.

Defendant filed a supplemental brief asserting the trial court's exercise of its discretion was in error and that he received ineffective assistance of counsel. He does not, however, support the assertions in his brief with citation to legal authority or the appellate record and has forfeited these arguments. (In re S.C. (2006) 138 Cal.App.4th 396, 408 ["To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error."].) Defendant also did not obtain a certificate of probable cause and provides no explanation of how his claim on appeal falls within an exception to the rule requiring that he obtain one. (People v. Panizzon (1996) 13 Cal.4th 68, 74-78.) Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant. Accordingly, we affirm the judgment.

The judgment is affirmed.

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