Friday, August 19, 2016

People v. Wagner (Cal. Ct. App. - Aug. 19, 2016)

Jesse Wagner files a motion for relief under Penal Code 1473.6, but the trial court denies it on the ground that it had no jurisdiction to consider the motion.

Wagner is appointed counsel on appeal, and appointed counsel files a Wende brief because she can find no non-frivolous arguments to assert.  Wagner files his own supplemental brief.

The Court of Appeal then reverses, finding that there was indeed jurisdiction to consider the motion.

So apparently there was a non-frivolous argument to be made.  A meritorious one, even.