People v. Jansen CA1/5

Filed 9/4/24 P. v. Jansen CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A170082 v. MICHAEL EDWARD JANSEN, (Sonoma County Super. Ct. No. Defendant and Appellant. SCR-565926-1)

Michael Edward Jansen appeals after the trial court denied his postconviction motion to vacate judgment (Pen. Code, § 1473.7).1 His appointed counsel on appeal filed a brief raising no issues but seeking our independent review of the record, citing People v. Wende (1979) 25 Cal.3d 436. Wende does not apply to a defendant’s appeal from the denial of postconviction relief. (People v. Delgadillo (2022) 14 Cal.5th 216, 221-222, 226-227, 231 (Delgadillo).) However, we have exercised our discretion to independently review the record (id. at p. 232), and we affirm.

BACKGROUND

A.

In 2009, Jansen entered a plea of no contest to charges that he inflicted corporal injury upon a cohabitant (§ 273.5, subds. (a), (b)(2)), made criminal threats (§ 422), and threatened a peace

1 Undesignated statutory references are to the Penal Code. 1

officer (§ 69). He also admitted enhancement allegations that he had served two prior prison terms (§ 667.5, former subd. (b)).

The trial court sentenced Jansen to an aggregate term of six years eight months in state prison, suspended execution of sentence, and placed Jansen on formal probation for four years. After Jansen repeatedly violated the terms of his probation, the court, in July 2011, executed Jansen’s previously suspended prison sentence. Jansen filed an appeal and this court modified the amount of imposed fines.