Kelly

Article VI, section 14, of the California Constitution provides that “[decisions of the Supreme Court and courts of appeal that determine causes shall be in writing with reasons stated.” In this case, we consider what this constitutional mandate requires in a criminal appeal in which defense counsel files a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ] (Wende), raising no issue for the appellate court’s review, the defendant files supplemental arguments, and the appellate court identifies no arguable issue.

We conclude that a decision affirming the judgment in a Wende appeal disposes of a cause within the meaning of article VI, section 14, of the California Constitution, and therefore must be in writing with reasons stated. *110 Because the defendant in a Wende appeal has a right to file supplemental contentions, the Court of Appeal must consider these contentions in the course of disposing of the cause. Therefore, to comply with the constitutional mandate, the opinion must reflect the defendant’s contentions and the reasons that they fail. We further conclude that, in light of Wende’s requirement that Courts of Appeal…

I concur in part. I agree with the majority’s conclusions that a Wende appeal (People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ]) constitutes a “cause,” and that a Wende opinion must summarily describe and respond to any contentions raised by the defendant after counsel fails to find any arguable issues. (Maj. opn., ante, at p. 109.)

Where I part company with the majority is in its exercise of this court’s supervisory power to impose additional requirements on the Courts of Appeal. While I do not object to asking the courts to identify the crimes of which the defendant was convicted and the punishment imposed, I would not require them to describe any facts or procedural details that are not directly relevant to claims made by the defendant. I would certainly not encourage them to anticipate future habeas corpus petitions; in the vast majority of Wende appeals this would simply be a waste of time. Collateral attack is most uncommon in these cases.

I hesitate to reach back to the 19th century for words of wisdom on a 21st century problem; as the majority notes, the constitutional debates of 1878-1879 involved nothing akin to Wende review. (Maj. opn., ante,…

Article VI, section 14, of the California Constitution provides that "[decisions of the Supreme Court and the courts of appeal that determine causes shall be in writing with reasons stated." In this case, we consider what this constitutional mandate requires in a criminal appeal in which defense counsel files a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 , 158 Cal.Rptr. 839 , 600 P.2d 1071 ( Wende ), raising no issue for the appellate court's review, the defendant files supplemental arguments, and the appellate court identifies no arguable issue.

We conclude that a decision affirming the judgment in a Wende appeal disposes of a cause within the meaning of article VI, section 14 of the California Constitution, and therefore must be in writing with reasons stated. Because the defendant in a Wende appeal has a right to file supplemental contentions, the Court of Appeal must consider these contentions in the course of disposing of the cause. Therefore, to comply with the constitutional mandate, the opinion must reflect the defendant's contentions and the reasons that they fail. We further conclude that, in light of Wende's requirement that Courts of Appeal…