People v. Cordon-Suchtiz CA4/3

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 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.)

3 In this case, we have reviewed the record on appeal. Based on our independent judgment and analysis, we have similarly found no arguable issues that require briefing or argument. (See Wende, supra, 25 Cal.3d at p. 442, fn. 3.) The first degree attempted murder conviction, the true finding on the firearm enhancement, and the jury instructions all confirm Cordon-Suchtiz was the actual attempted killer. Thus, Cordon-Suchtiz is ineligible for relief under section 1172.6 as a matter of law and the trial court properly denied…