People v. Maher CA4/3

DISCUSSION

Counsel represents his opening brief is filed in accordance with Wende. The court in Wende held: “We conclude that Anders requires the court to conduct a review of the entire record whenever appointed counsel submits a brief which raises no specific issues or describes the appeal as frivolous.” (Wende, supra, 25 Cal.3d at p. 441.) A Wende brief, therefore, is one that sets forth a summary of proceedings and facts but raises no specific issues. (Ibid.)

2 In this case, while purporting to file a Wende brief, counsel has listed a number of legal issues, with citations to cases but no supporting argument. These issues are: (1) whether the court violated defendant’s constitutional due process and/or confrontation rights by finding defendant violated the conditions of his postrelease community supervision, based solely on a “‘Probation Officer’s Allegation of Violation of Postrelease Community Supervision’”; and (2) whether his conviction is a legal nullity, because Penal Code section 12020, subdivision (a)(1) did not prohibit possessing a dirk or dagger. This list of legal issues goes beyond pointing to “anything in the record that might arguably support the appeal.”…