P.

P. v. McCullough CA4/1

Good Law
Court of Appeal of CaliforniaMarch 6, 2013D062006California187 words

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.

DISPOSITION

The…

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