When will a defendant appeal his conviction for premeditated attempted murder?
California, United States of America
The following excerpt is from People v. Collier, E073168 (Cal. App. 2020):
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, a summary of the facts, and identifying two potential arguable issues: (1) whether the court prejudicially erred by denying defendant's section 1170.95 petition outside of his presence; and (2) whether the court prejudicially erred by finding section 1170.95, subdivision (a), did not apply to defendant's conviction for premeditated attempted murder. Counsel has also requested this court to undertake a review of the entire record.
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We offered the 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.
The judgment is affirmed.
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