People v. Sydow CA2/2

Filed 9/9/20 P. v. Sydow CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, B305328

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA092702) v.

JAMES ADRIAN SYDOW,

Defendant and Appellant.

THE COURT: Appellant and defendant James Adrian Sydow (defendant) appeals from the denial of his motion to modify or stay his sentence. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues, and on June 29, 2020, we notified defendant of his counsel’s brief and gave him leave to file his own brief or letter stating any grounds or argument he might wish to have considered. Defendant has filed his own brief raising several issues, along with a motion to strike counsel’s Wende brief. We need not strike counsel’s Wende brief to review the issues raised by defendant, as affording defendant the right to file his own supplemental brief creates “a departure

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from the ‘general rule that a represented defendant has no right personally to present supplemental arguments’ to the court [citation].” (People v. Cole (2020) 52 Cal.App.5th 1023, 1039, quoting People v. Kelly (2006) 40 Cal.4th 106, 120.) Further, as this appeal is taken from the denial of a postjudgment motion, we are required to review the record only for the purpose of responding to the issues raised by defendant, and we do not independently determine whether there are arguable issues that were not raised. (See Cole, at p. 1039.) We affirm the order. BACKGROUND In 2011, defendant was charged as follows: shooting at an inhabited dwelling in violation of Penal Code section 246 (count 1);1 carrying a concealed weapon in a vehicle, in violation of former section 12025, subdivision (a)(1) (count 2); carrying a switchblade knife, in violation of former section 653k, a misdemeanor (count 3); and in counts 4, 5, and 6, assault with a firearm in violation of section 245, subdivision (a). The information alleged that a principal personally and intentionally discharged a firearm, within the meaning of sections 12022.53, subdivisions (c) and (e)(1), that a principal personally used a firearm, within the meaning of section 12022.53, subdivisions (b) and (e)(1), and pursuant to section 186.22, subdivisions (b)(1)(B) and (b)(1)(C), that the shootings were committed for the benefit of, at the direction of, and in association with a criminal street gang, with the specific intent to promote, further and assist in criminal conduct by gang members.