People v. Noa CA4/3

DISCUSSION

When a defendant’s appointed appellate counsel identifies no arguable issues on appeal, an appellate court must independently review the record for arguable issues. (Wende, supra, 25 Cal.3d at pp. 441-442.) Generally, “an arguable issue on appeal consists of two elements. First, the issue must be one which, in counsel’s professional opinion, is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable potential for success. Second, if successful, the issue must be such that, if resolved favorably to the appellant, the result will either be a reversal or a modification of the judgment.” (People v. Johnson (1981) 123 Cal.App.3d 106, 109.) Appointed counsel directed this court’s attention to one potential issue counsel had considered, but did not raise on appeal: “Whether there was

3 sufficient evidence presented to prove that Noa had the specific intent to kill Perez?” (See Anders, supra, 386 U.S. 738.) This court has reviewed the record on appeal, and we find no arguable issues, including the potential issue identified by counsel. (See People v. Johnson, supra, 123 Cal.App.3d at p. 109 [“the issue must be…