People v. Wende
- Decided
- October 12, 1979
- Docket
- Crim. 20851
- Status
- Published
- Jurisdiction
- California
Cited 8,674 timesDisapproved on other grounds (verified)Possible negative treatment: disapproved on other grounds (1 of 2 verified; none is a verified overruling) · People v. Saddozai CA1/5
What later courts said
- finding that an Anders withdrawal may secure an appellant more comprehensive review by the appellate court — Mosley v. State (2009)
- reading Anders as finding old California procedure deficient largely "because the court itself did not make an express finding that the appeal was frivolous" — Smith v. Robbins (2000)
- requiring appointment of substitute counsel if original counsel characterizes appeal as frivolous but the court decides it is arguable on the merits — Commonwealth v. Moffett (1981)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Opinion MANUEL, J.
A court found defendant guilty of two counts of robbery in which a firearm was used (Pen. Code, §§ 211, 12022.5) and sentenced him to prison for five years. Defendant appealed, and upon his request the Court of Appeal appointed counsel to represent him.
Counsel filed a brief which set forth a summary of the proceedings and facts with citations to the transcript, raised no specific issues, and called upon the court to make a thorough review of the entire record to determine for itself whether there were any arguable issues. Counsel also submitted a declaration stating that he had advised defendant of the nature of the brief, that he would send defendant a copy of the brief, and that he had informed defendant that the court would permit him to file a brief on his own behalf. Counsel also stated that he was not requesting to withdraw but that he would advise defendant that he could move to have counsel relieved if he so desired. Counsel further indicated that the principal issue at trial was one of credibility of witnesses and that he would cooperate with trial counsel in investigating and seeking writ review of possible new evidence on that issue.
Cite this
People v. Wende, 600 P.2d 1071 (1979)Read the full opinion
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