P.
P. v. McCullough CA4/1
Opinion
Opinion
Mcintyre, J.
DISCUSSION
Appointed appellate counsel filed a brief summarizing the facts and proceedings below.
He presented no argument for reversal, but asked this court to review the record for error as
mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende). Under Anders v. California
(1967) 386 U.S. 738 (Anders), counsel listed as possible, but not arguable, issues, whether: (1)
the evidence supported the conviction; and (2) the trial court (a) abused its discretion in
denying McCullough's motion under People v. Marsden (1970) 2 Cal.3d 118, (b) erred in
failing to acquit McCullough due to insufficient evidence under Penal Code section 1118.1, (c)
erred in finding McCullough incompetent to stand trial, (d) erred by failing to grant
McCullough's motion for new trial, and (e) properly instructed the jury on the elements of
mayhem.
We granted McCullough permission to file a brief on his own behalf. He has not
responded. Our review of the record pursuant to Wende, including the possible issues listed by
counsel pursuant to Anders, has disclosed no reasonably arguable issues on appeal. Competent
counsel has represented McCullough on this appeal.