People v. Magana CA4/3

DISCUSSION

When a defendant’s 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.)

3 In a “Wende brief,” appellate counsel may identify potential issues that were considered, but not raised on appeal. (See People v. Kent (2014) 229 Cal.App.4th 293, 296 [the listing of potential issues (so-called Anders issues) is welcomed and encouraged]; but see People v. Garcia (2018) 24 Cal.App.5th 314, 325 [the listing of Anders issues “is not necessarily helpful to the reviewing court or to an appellant”].) Here, counsel directed this court’s attention to three potential issues…