What is the legal basis for a notice of appeal against a judgment that a defendant breached his probation?

California, United States of America


The following excerpt is from People v. Wyatt, E066561 (Cal. App. 2017):

After the notice of appeal was filed, this court appointed counsel to represent defendant. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, and identifying one potential arguable issues: whether there was sufficient evidence to support the court's finding that his conduct constituted a willful violation of his probation.

Defendant was offered an opportunity to file a personal supplemental brief, which he has not done.

Under People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.

Page 4

The judgment is affirmed.

Other Questions


Can a notice of appeal of a judgment of dismissal following an earlier order regarding a different defendant be construed as a "notice of appeal" regarding "a different defendant"? (California, United States of America)
What is the effect of the Court of Appeal's notice of appeal stating that the appeal is from the judgment and sentence? (California, United States of America)
Does the mere pronouncement of sentence or denial of probation before judgment has not preclude the granting of probation after judgment has been pronounced or affirmed on appeal? (California, United States of America)
Can a defendant appeal against his conviction for assault against a probation officer for breach of his probation? (California, United States of America)
What is the effect of an amended judgment in the Superior Court of Appeal against a defendant who has appealed against the amended judgment? (California, United States of America)
What is the legal test for reinstating probation for a defendant who has breached probation but has not been sentenced to prison? (California, United States of America)
In a personal injury case, can a defendant appeal against the judgment that found her guilty of breaching her probation? (California, United States of America)
What is the test for a motion to appeal a judgment against a defendant who failed to provide a timely notice of appeal? (California, United States of America)
Does a defendant have concurrent jurisdiction with the court of appeal to appeal from a judgment of conviction on the basis of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees and costs? (California, United States of America)
Can a defendant appeal against a finding that the judgment against him in the Superior Court of Appeal against him was unlawful, unlawful, unjustified, and unjustified? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.