Opinion
C089489
02-18-2020
THE PEOPLE, Plaintiff and Respondent, v. ROBERT GLENN BARRON, JR., Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CRPR2019201)
Defendant Robert Glenn Barron, Jr., appeals from the trial court's order finding him in violation of his parole. His appointed counsel has asked this court for an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was informed of his right to file a supplemental brief and did not do so. We conclude he is not entitled to Wende review and dismiss the appeal as abandoned.
BACKGROUND
Defendant was released from custody to parole supervision on March 11, 2019, and instructed to contact his parole officer. He did not do so. After making multiple attempts to locate defendant, his parole officer determined that he had absconded. He was later arrested on a warrant.
On May 1, 2019, the trial court found defendant in violation of his parole and sentenced him to 135 days in county jail. The court also sentenced him to a consecutive 90 days in county jail for violating his probation in three unrelated misdemeanor cases. Defendant appeals from the court's order finding he violated his parole.
DISCUSSION
Review pursuant to Wende or its federal constitutional counterpart Anders v. California (1967) 386 U.S. 738, is required only in the first appeal of right from a criminal conviction. (Pennsylvania v. Finley (1987) 481 U.S. 551, 555; Conservatorship of Ben C. (2007) 40 Cal.4th 529, 536-537 (Ben C.); People v. Serrano (2012) 211 Cal.App.4th 496, 500-501 (Serrano).)
The right to Anders/Wende review applies only at appellate proceedings where defendant has a previously established constitutional right to counsel. (Serrano, supra, 211 Cal.App.4th at p. 500; Ben C., supra, 40 Cal.4th at pp. 536-537.) The constitutional right to counsel extends to the first appeal of right, and no further. (Serrano, at pp. 500-501.) While a criminal defendant has a right to appointed counsel in an appeal from an order after judgment affecting his substantial rights (Pen. Code, §§ 1237, 1240, subd. (a); Gov. Code, § 15421, subd. (c)), that right is statutory, not constitutional. Thus, defendant is not entitled to Wende review in such an appeal. (See Serrano, at p. 501 [no Wende review for denial of postconviction motion to vacate guilty plea pursuant to section 1016.5].)
The appeal before us, "although originating in a criminal context, is not a first appeal of right from a criminal prosecution, because it is not an appeal from the judgment of conviction." (Serrano, supra, 211 Cal.App.4th at p. 501.) Applying Serrano here, defendant has no right to a Wende review of the trial court's order finding he violated his parole. Because neither defendant nor his counsel raise any claim of error in the criminal conviction, we must dismiss defendant's appeal as abandoned.
DISPOSITION
The appeal is dismissed.
/s/_________
Duarte, J. We concur: /s/_________
Robie, Acting P. J. /s/_________
Krause, J.