Placencia

People v. Placencia

Bad Law
11 Cal. Rptr. 2d 727·1992 Cal. App. LEXIS 1086·9 Cal. App. 4th 422·92 Daily Journal DAR 12524·92 Cal. Daily Op. Serv. 7738
Court of Appeal of CaliforniaSeptember 8, 1992C009912California2,182 words

Opinion

Opinion

Sims, J.

This case presents the question whether People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ] requires an appellate court to conduct a review of the entire record and determine whether any arguable issues exist when such a request is made by retained counsel in a criminal appeal. Wende held such a review was required when appointed counsel submitted a brief raising no specific issues. We conclude Wende cannot be extended to impose such a requirement when the defendant is represented by retained counsel on appeal. Accordingly, we affirm the judgment.

Defendant was convicted of various criminal offenses and was sentenced to state prison. He has appealed.

Attorney Donald Masuda was retained by defendant on appeal. Masuda has filed a brief that fails to allege error by the trial court but invites this court to review the record pursuant to People v. Wende, supra.

I

Since 1963, an indigent defendant in a criminal case has had the right to appointed counsel on the first appeal. (Douglas v. California (1963) 372 U.S. 353 [ 9 L.Ed.2d 811 , 83 S.Ct. 814 ].) Until 1967, appointed counsel was required to file only a “no merit” letter when no meritorious…

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