People v. Presswood CA2/5

Filed 6/14/21 P. v. Presswood CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B309018

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 0PR03579) v.

DARRELL PRESSWOOD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kevin S. Rosenberg, Judge. Dismissed.

Ricard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

__________________________

In 2017, defendant Darrell Presswood pled guilty to possession for sale of phencyclidine (PCP) (Health & Saf. Code, § 11378.5) and was sentenced to three years in prison. Defendant was released on post-release community supervision in February 2019. On June 9, 2020, a family member informed the police that defendant had threatened her. Defendant was taken into custody, and was charged with making a terrorist threat (Pen. Code, § 422, subd. (a)). Defendant’s probation officer filed a revocation petition. Defendant waived his right to a hearing and other constitutional rights and admitted violating the conditions of his release. The trial court revoked and reinstated post-release community supervision with modified conditions, and ordered defendant to serve 180 days in the county jail. At the time, he had credit for 170 days in custody. Defendant timely appealed. After examining the record, appointed counsel filed an opening brief under People v. Wende (197) 25 Cal.3d 436 raising no issues. On February 17, 2021, we advised defendant he had 30 days to personally submit any contentions he wished us to consider. Defendant did not file a supplemental brief. Recent cases have held that Wende review is required only from a defendant’s first appeal from a criminal conviction. (See People v. Cole (2020) 52 Cal.App.5th 1023, 1028, review granted October 14, 2020, S264278 (Cole) [Wende does not apply to appeals from the denial of postconviction relief]; People v. Figueroa (2021) 61 Cal.App.5th 108, 111 (Figueroa), review granted May 12, 2021, S267870 [following Cole].) In People v. Freeman (2021) 61 Cal.App.5th 126, the court applied this reasoning to an appeal from an order revoking and reinstating post-release community supervision because the order was “not a