Can a defendant appeal against his conviction and sentence for assault against a convicted rapist?
California, United States of America
The following excerpt is from People v. Perkins, E064250 (Cal. App. 2016):
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 defendant's plea was knowing and voluntary, and whether it can be challenged without a certificate of probable cause; (2) whether there was a proper factual basis for the plea; and (3) whether the sentence was authorized by law. 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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