gno.law

People v. Roberson CA4/1

California Court of Appeal · D065372 · 2014-06-18 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. SCE328755
Trial judge
John M. Thompson
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Joan K. Irion (author), Judith D. McConnell, Patricia D. Benke

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T06:40Z · confidence high

The trial court accepted Jeffrey Roberson's guilty plea to attempted murder with firearm and great bodily injury enhancements and sentenced him to 14 years in prison. On appeal, appointed counsel filed a Wende brief presenting no argument for reversal, and the Court of Appeal affirmed the judgment after finding no reasonably arguable issues.

Ruling reviewedStandardThe courtThe model
Affirmance of the judgment following a Wende review of the record
“We have reviewed the entire record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, and considered the issues suggested by counsel, but discerned no reasonably arguable appellate issues.”
de novonot reachedagree with court
The appellate court conducted an independent review of the record as required by People v. Wende and found no error. This is the standard procedure for appeals where appointed counsel presents no argument for reversal. The court's conclusion that no reasonably arguable issues exist is supported by the procedural posture described in the opinion.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appellate counsel to file a brief identifying potential issues and the court to independently review the record for error when counsel presents no argument for reversal.
  • relied: Anders v. California (1967) 386 U.S. 738 — Establishes the procedure for appointed counsel to withdraw from an appeal by filing a brief identifying potential issues and notifying the defendant of the right to file a supplemental brief.

The appellate opinion: sound — The opinion is procedurally sound as it correctly follows the Wende/Anders protocol for handling appeals where appointed counsel presents no argument. The court explicitly states it reviewed the entire record and considered the suggested issues, satisfying the constitutional requirements for effective assistance of appellate counsel in this context.

How this analysis was made · dispute it

unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:31Z · confidence low

The trial court accepted Jeffrey Roberson's guilty plea to attempted murder with personal firearm use and great bodily injury enhancements and, per the parties' stipulation, sentenced him to an aggregate 14-year prison term. On appeal, appointed counsel filed a Wende/Anders brief raising no argument for reversal, Roberson filed no supplemental brief, and the Court of Appeal independently reviewed the record, found no reasonably arguable issues, and affirmed.

Ruling reviewedStandardThe courtThe model
Acceptance of the guilty plea (including its constitutional validity and factual basis) and imposition of the stipulated 14-year sentence
“We have reviewed the entire record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, and considered the issues suggested by counsel, but discerned no reasonably arguable appellate issues.”
unclearcorrectagree with court
This is a standard Wende disposition: counsel identified only possible issues (validity of the plea and factual basis), the defendant filed nothing, and the court states it reviewed the entire record and found no arguable issue. The opinion recites no facts about the plea colloquy or factual-basis inquiry, so there is nothing in the text from which to identify any legal error; the procedure followed conforms to Wende and Anders. Given the stipulated sentence and the absence of any identified irregularity, affirmance is the expected result, but the opinion's brevity means I cannot independently verify the plea's validity or whether a certificate of probable cause existed for plea-validity issues.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel finds no arguable issues, the Court of Appeal must independently review the entire record to determine whether any arguable issue exists before affirming.
  • relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal frivolous may so advise the court and request to withdraw, but must file a brief referring to anything in the record that might arguably support the appeal, and the court must then conduct its own examination of the record.

The appellate opinion: sound — The opinion correctly follows the Wende/Anders procedure: it recites the plea, enhancements, and stipulated sentence, notes the issues counsel flagged, confirms the defendant was invited to file a supplemental brief, and states that it reviewed the entire record and found no arguable issue. It is sound for what it is, though it provides almost no factual or procedural detail (for example, whether a certificate of probable cause was obtained for the plea-validity issue counsel suggested), which prevents any independent assessment beyond accepting the court's representation that it reviewed the record.

How this analysis was made · dispute it

Opinion

Filed 6/18/14 P. v. Roberson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065372

Plaintiff and Respondent, v. (Super. Ct. No. SCE328755)

JEFFREY ROBERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, John M.

Thompson, Judge. Affirmed.

Steven J. Carroll, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Jeffrey Roberson pled guilty to attempted murder (Pen. Code, §§ 187, 664) during which he personally used a firearm (id., § 12022.5, subd. (a)) and caused the victim great bodily injury (id., § 12022.7, subd. (a)). In accordance with the stipulation of the parties, the trial court sentenced Roberson to prison for an aggregate term of 14 years.

Appointed appellate counsel filed a brief summarizing the facts and proceedings in the trial court. Counsel presented no argument for reversal, but asked this court to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende).

Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel suggested as possible issues whether Roberson's guilty plea was constitutionally valid and whether there was a proper factual basis for the plea. After we received counsel's brief, we notified Roberson by letter he could file a supplemental brief, but he did not respond.

We have reviewed the entire record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, and considered the issues suggested by counsel, but discerned no reasonably arguable appellate issues. Roberson has been represented adequately by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

IRION, J.

WE CONCUR:

MCCONNELL, P. J.

BENKE, J.

Cites, in this corpus