What is the test for an appellant to appeal against his conviction for assault?

California, United States of America


The following excerpt is from People v. Grindrod, C090881 (Cal. App. 2021):

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests 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 the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

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.

However, we will correct an unauthorized aspect of defendant's sentence. (See People v. Rivera (2019) 7 Cal.5th 306, 348-349.)

Page 3

Other Questions


Can a defendant who has a history of criminal convictions for assault, assault and sexual assault receive a conditional discharge from the Court of Appeal? (California, United States of America)
Can a defendant appeal against his conviction for aggravated assault on an assault charge in the Superior Court of Appeal? (California, United States of America)
What are the implications of the Court of Appeal's decision to dismiss the Motion of Appeal against the Sentencing of convicted rapist, convicted of assault and possession of a firearm with intent to endanger life? (California, United States of America)
What grounds of appeal have been appealed against the sentence of a convicted drug dealer convicted of possession of a drug with intent to commit a sexual assault? (California, United States of America)
Can a defendant appeal his convictions for assault and assault against the Court of Appeal for failing to instruct the jury on personal use of a deadly weapon and personal infliction of great bodily injury enhancements? (California, United States of America)
Can a defendant appeal his prior conviction for assault as a misdemeanor at the Court of Appeal? (California, United States of America)
Can a defendant appeal against his conviction for sexual assault against the evidence that supports his conviction? (California, United States of America)
Can a defendant appeal against his conviction for assault and assault against a police officer? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
Can a defendant appeal from a judgment of conviction for sexual assault in a direct appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.