People v. Wolfe CA1/2

Filed 12/11/24 P. v. Wolfe CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A170115 v. JESSE FRANKLIN WOLFE, (Mendocino County Super. Ct. No. 22CR01595) Defendant and Appellant.

Defendant Jesse Franklin Wolfe appeals from the revocation of his postrelease community supervision (PRCS). Counsel for Wolfe filed a brief raising no issues and requesting this court conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel informed Wolfe of his right to file a supplemental brief, but we have not received one.1 After reviewing the record, we conclude there are no arguable issues and therefore affirm.

1 Because this appeal is not from a judgment of conviction, it is doubtful

that Wolfe is entitled to Wende review. (People v. Freeman (2021) 61 Cal.App.5th 126, 132–134 [declining to extend Wende review “to an appeal from an order revoking and reinstating PRCS absent a federal constitutional basis for doing so”]; see also People v. Delgadillo (2022) 14 Cal.5th 216, 226– 228 [Wende review not required in appeal from postconviction order denying petition for resentencing].) However, Wolfe was not informed his appeal might be dismissed if he did not file a supplemental brief. We attempted to provide supplemental notice regarding the possibility of dismissal, but Wolfe

1

BACKGROUND Wolfe was charged in Lassen County with felony counts of conspiracy to bring drugs into prison (Pen. Code,2 § 182, subd. (a)(1)) and possession of drugs while a prisoner (§ 4573.6). In May 2021, Wolfe pled guilty to possession of drugs while a prisoner in exchange for dismissal of the conspiracy count. After advising Wolfe of his constitutional rights and finding them “knowingly and intelligently waived,” the court accepted the plea agreement and sentenced Wolfe to the stipulated low term of two years in state prison, to be served consecutively to Wolfe’s prior prison commitments.3 The court also imposed fees and restitution fines. In May 2022, Wolfe was released on PRCS4 with directions to refrain from engaging “in conduct prohibited by law,” to report to the Mendocino County Probation Department “within two working days” of being released, and to keep his probation officer advised of Wolfe’s residential and mailing address “at all times.” However, Wolfe failed to timely report to the probation department or provide valid contact information. Thus, on July 5, 2022, the Mendocino County Superior Court issued a no bail arrest warrant