People v. Gavaldon CA4/3

statement of facts in the Court of Appeal’s opinion; but the Record of Conviction is clear and issuing an Order to Show Cause to reach the same result would be an exercise in futility. So, therefore, the petition is denied.”

II

DISCUSSION

When appointed counsel has identified no arguable issues on appeal, the appellate court independently reviews the record for any arguable issues. (Wende, supra, 25 Cal.3d at pp. 441-442.) Generally, “an arguable issue on appeal consists of two elements. First, the issue must be one which . . . is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable potential for success. Second, if successful, the issue must be such that, if resolved

2 It is well established that “the felony-murder rule is inapplicable to attempted murder as well as aiding and abetting an attempted murder.” (People v. Patterson (1989) 209 Cal.App.3d 610, 614.)

3 favorably to the appellant, the result will either be a reversal or a modification of the judgment.” (People v. Johnson (1981) 123 Cal.App.3d 106, 109.) In this case, we have reviewed the record on appeal. Based on our independent analysis, we have…