People v. Hill CA4/1

Good Law
Court of Appeal of CaliforniaApril 16, 2015D065956California375 words

Opinion

Opinion

Aaron, J.

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) whether the court erred in

rejecting defense counsel's proposed addition to CALCRIM No. 315, "was the witness

able to identify the defendant in a photographic or physical lineup?"; (2) whether the

2 court erred in denying Hill's request for a Marsden hearing (People v. Marsden (1970)

Cal.3d 118) just before the preliminary hearing; (3) as to count 3, whether the record

contains substantial evidence that Hill committed a burglary; (4) whether the court

abused its discretion in failing to bifurcate the hearing on Hill's 20-year-old robbery

conviction; (5) whether Hill was in custody once he was detained so that his statements to

the police should have been suppressed (Miranda v. Arizona (1966) 384 U.S. 436); (6)

whether, in light of Hill's April 2014 letter to the…

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