How have the courts dealt with a motion to overturn a summary denial of a motion?

California, United States of America


The following excerpt is from People v. Torres, E073201 (Cal. App. 2019):

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 one potential arguable issue: whether the court erred by summarily denying defendant's petition. Counsel has also requested this court to undertake a review of the entire record.

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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