How has the court treated an opening brief in a personal injury case?

California, United States of America


The following excerpt is from People v. Jackson, B269484 (Cal. App. 2016):

Defendant's appointed counsel filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436, requesting this court to conduct an independent review of the record to determine if there are any arguable issues. On August 11, 2016, we gave notice to defendant that counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. On September 16, 2016, we granted defendant permission to file an opening brief in which he contends his robbery conviction should be designated a misdemeanor conviction under section 1170.18, because section 1170.18 should be construed broadly and because defendant was sentenced to one year in county jail and three years of probation

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(i.e., that his robbery conviction was a "wobbler" for which he received a misdemeanor and not a felony conviction).3

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