What are the pro se arguments of the appellant in his pro se supplemental brief?

California, United States of America

The following excerpt is from People v. Boulware, 20 Cal.App.4th 1753, 25 Cal.Rptr.2d 381 (Cal. App. 1993):

2 Appellant argues in his pro se supplemental brief that the trial court erred in not instructing the jury on the lesser included offense of grand theft. Although appellant is represented by counsel on this appeal we briefly address his pro se arguments to forestall a later claim of ineffectiveness of appellate counsel. Appellant's argument is without merit. The only offense proffered at trial was robbery. Appellant denied all allegations and put on no defense at trial. He was either guilty of robbery or no crime at all, thus no instruction on grand theft was required. (People v. Geiger (1984) 35 Cal.3d 510, 531-532, 199 Cal.Rptr. 45, 674 P.2d 1303.) He also argues that the trial court impermissibly used his prior convictions to impose the upper term on the robbery conviction and then used the same prior convictions to impose enhancements. This argument also is without merit.

Other Questions

Does a cross-appellant's reply brief need to address issues raised in the appellant's combined brief? (California, United States of America)
What is the test for deciding an appeal based on the record, the opening brief, and any oral argument by the appellant? (California, United States of America)
Does appellant have to provide a satisfactory explanation from appellant's counsel for his conduct toward appellant? (California, United States of America)
Can an appellant's failure to correct an omission in their reply brief be rectified in reply brief? (California, United States of America)
How have appellate judges treated closing brief arguments in a personal injury case? (California, United States of America)
In closing argument in a personal injury case, can the court admonish the appellant on appeal for failing to object to any statements in closing argument? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
How has the court treated the opening brief and supplemental brief in a personal injury case? (California, United States of America)
How have the courts dealt with arguments raised by the appellant in her reply brief? (California, United States of America)
Does a brief cross-examination challenged by appellant in a civil case violate the appellant's constitutional due process rights? (California, United States of America)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.