California, United States of America
The following excerpt is from The PEOPLE v. PERRY, G042065, G042879, No. 08NF1729 (Cal. App. 2010):
Appellate counsel fairly set forth the facts in the appellate record and was unable to find an arguable issue on appeal. (See People v. Wende (1979) 25 Cal.3d 436.) Counsel was also unable to assist this court in its independent review of the appellate record by suggesting possible appellate issues pursuant to Anders v. California (1967) 386 U.S. 738.
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We independently reviewed the appellate record and found no arguable issues on appeal. According to the clerk's minutes, the defendant was advised of his constitutional rights prior to admitting his violation. He was represented by counsel and there is no reason to believe his admission was anything but freely and voluntarily made. The sentence imposed by the court was lawful. There are no meritorious issues on appeal. Additionally, defendant did not request, and the trial court did not issue, a certificate of probable cause ( 1237.5), so we may not consider any challenge to his admission. (People v. Johnson (2009) 47 Cal.4th 668, 677.)
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