THE PEOPLE, Plaintiff and Respondent,
v.
WAUTAUSA AHEJALIA JOHNSON, Defendant and Appellant.
Court of Appeals of California, Fourth District, Division Two.https://leagle.com/images/logo.png
August 27, 1981.
August 27, 1981.
Attorney(s) appearing for the Case
COUNSEL
Floyd J. Siegal, under appointment by the Court of Appeal, for Defendant and Appellant.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Jay M. Bloom and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.
Court of Appeals of California, Fourth District, Division Two.
OPINION
GARDNER, P.J.
(1a) In this case we reject a concept which has crept into our judicial literature — the "arguable-but-unmeritorious" issue on appeal. We hold that an arguable issue on appeal consists of two elements. First, the issue must be one which, in counsel's professional opinion, is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable...
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