People v. McGee

Opinion

KAUS, P. J.

A one-count information charged defendant with a violation of section 12021 of the Penal Code. The county public defender was appointed to represent defendant who pleaded not guilty. A motion under section 1538.5 was eventually denied. After the denial the previously entered plea was withdrawn and defendant pleaded guilty to the offenses charged. Eventually defendant was placed on probation. He appealed. At his request for counsel on appeal we appointed the State Public Defender.

[129]

On January 9, 1978, the State Public Defender filed a brief in which he analyzed the facts as they appeared at the section 1538.5 hearing. There the prosecutor’s case was that a vehicle in which defendant had been driving was properly stopped for an equipment violation and that when defendant appeared to reach toward his waistband, one of the officers felt that defendant was reaching for a weapon which was soon discovered. The defense version was that defendant had not been driving the car and that he and the driver were simply the victims of a roust. The trial court resolved whatever conflicts there were in favor of the People.

Appointed counsel filed a declaration in which he described his search for other arguable issues and, having discovered none, requested that he be relieved and that his client be given an opportunity to file a brief of his own under the principles of

Anders

v.

California

(1967) 386 U.S. 738, 744 [18 L.Ed.2d 493, 498, 87 S.Ct. 1396] and

People

v.

Feggans

(1967) 67 Cal.2d 444, 447 [62 Cal.Rptr. 419, 432 P.2d 21]. That has been done, although defendant has not availed himself of the opportunity to file a brief.

We might point out that appellate counsel who eschews manufacturing issues where none exists achieves a real benefit for his client. Here, in order to comply with the mandate of