Craig

People v. Craig

Good Law
1991 Cal. App. LEXIS 1137·234 Cal. App. 3d 1066·286 Cal. Rptr. 16·91 Daily Journal DAR 12008·91 Cal. Daily Op. Serv. 7922
Court of Appeal of CaliforniaSeptember 27, 1991C009301California1,273 words

Opinion

Opinion

Puglia, J.

Defendant’s probation was revoked in a Trinity County case and he was sentenced to state prison for sale of methamphetamine (Health & Saf. Code, § 11379). He appeals. Since defendant’s contentions are without merit, we shall affirm.

In the published part of this opinion, we reject defendant’s contention that he is entitled to the benefit of a so called “implied plea bargain.” Although the substance of this contention does not merit publication, the fact the question is even raised is symptomatic of a general problem involving an issue of continuing public interest (Cal. Rules of Court, rule 976(b)(3)): the provision of counsel at public expense for indigent criminal appellants.

The vast majority of criminal appellants who come before this court are indigent and are represented by counsel appointed by the court and compensated for their efforts from public funds appropriated for that purpose by the Legislature. In the aggregate, those funds constitute a substantial part of this court’s annual operating budget. Appointed counsel’s obligations to their clients require that they raise in the appeal all arguable issues on their clients’ behalf. What is and is not an arguable…

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