People v. Rizer 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.) Here, after independently reviewing the record, we have found no arguable issues. (See Wende, supra, 25 Cal.3d at pp. 442-443 & fn. 3.) The absence of an instruction on the natural and probable consequences doctrine and/or the felony-murder rule, as well as the jury’s true finding on the personal use of a firearm allegation confirms Rizer is ineligible for relief under section 1172.6 as a matter of law. Thus, the trial court properly denied the petition. (See People v. Lewis (2021) 11 Cal.5th 952,…