Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. SCE295036 Peter C. Deddeh, Judge.
HUFFMAN, J.
On November 10, 2010, in case number SCE295036, William Cecil Thornton filed a postjudgment motion to dispose of a restitution fine by time in custody (Pen. Code, § 1205). On November 18 the court denied the motion. Thornton appeals.
The notice of appeal, filed on December 27, 2010, lists three case numbers in addition to case number SCE295036 and purports to challenge orders made between January 19 and November 22. The appeal is untimely as to all of the listed dates except November 18 and 22. Furthermore, there is no order dated November 22. On that date, the superior court wrote Thornton a letter stating that it had received his Penal Code section 1205 motion in case numbers SCE245274 and SCE258554, and would take no action because the motion had been denied on the merits on January 19. The only remaining listed order is the November 18 order in case number SCE295036.
Appointed appellate counsel has filed a brief summarizing the proceedings in the four cases listed in the notice of appeal. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Thornton has filed a supplemental brief on his own behalf.
"The independent judicial review mandated by Anders, supra, 386 U.S. 738, applies only to a defendant's first appeal as of right. (Pennsylvania v. Finley (1987) 481 U.S. 551, 557 [95 L.Ed.2d 539, 107 S.Ct. 1990]; In re Sade C. [1996] 13 Cal.4th [952, ] 972–974.)" (People v. Kelly (2006) 40 Cal.4th 106, 119.) Thornton has already received review pursuant to Wende and Anders in case number SCE295036. Accordingly, we dismiss this appeal.
DISPOSITION
The appeal is dismissed.
WE CONCUR:McCONNELL, P. J., HALLER, J.