People v. Klabin CA4/1

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. Counsel presents no argument for reversal, but asks this court to

review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436

(Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel

mentions the following as possible, but not arguable issues: (1) as to section 11370.9,

3 subdivision (a), whether there is substantial evidence Klabin intended to conceal or

disguise the nature, location, ownership, control or source of proceeds to avoid a

transaction reporting requirement; (2) whether the court erred by denying Klabin's motion

to suppress evidence, whether there were valid grounds for issuing the search warrant,

whether a court can rely on a defendant's priors to establish probable cause and whether

the evidence relied upon to establish probable cause was stale; (3) whether the court erred

by refusing to instruct the jury on third party culpability; (4) whether the court erred by

finding Klabin had willingly waived his Miranda rights (Miranda v. Arizona (1966)

384 U.S. 436); (5) whether the court's refusal to…