People v. Garces CA4/1

DISCUSSION

As we have noted, appellate counsel has filed a brief under the guidelines of Delgadillo and asks the court to independently review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738, counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: Did the jury instruction combined with the jury’s verdicts and findings conclusively show that appellant is ineligible for relief under section 1172.6 as a matter of law? We have exercised our discretion to independently review the record for error as required by Wende and Anders. We have not discovered any potentially meritorious issues for reversal on appeal. Competent counsel has represented Garces on this appeal.

3

DISPOSITION

The judgment is affirmed.

HUFFMAN, J.*

WE CONCUR:

MCCONNELL, P. J.

DATO, J.

* Retired Associate Justice of the Court of Appeal, Fourth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. 4