People v. Casares CA2/6

Discussion Where, as here, appointed counsel finds no arguable issues in an appeal that is not from the first appeal after conviction, appellant is not entitled to our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, or its federal constitutional counterpart, Anders v. California (1967) 386 U.S. 738. (Delgadillo, supra, 14 Cal.5th at p. 226.) He is, however, entitled to appellate consideration of any contentions raised in his supplemental brief. (Id. at p. 232.) In his supplemental brief, appellant contends appellate counsel was “ineffective” for failing to raise various arguments including that the victim later “recanted her testimony” and claimed appellant did not assault her, a member of the jury “knew appellant and the victim,” and counsel “refus[ed] to raise” an argument pursuant to the Racial Justice Act. To establish ineffective assistance of counsel, a defendant must show counsel’s representation was deficient and that he was prejudiced by the deficiency. (Strickland v. Washington (1984) 466 U.S. 668, 693-694, 697.) “If a claim of ineffective assistance of counsel can be determined on the ground of lack of prejudice, a court need not…