People v. Montano CA2/4

Filed 2/18/22 P. v. Montano CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B312690

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 1PH00353) v.

EDUARDO ANTONIO MONTANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert M. Kawahara, Commissioner. Affirmed. Eduardo Antonio Montano, in pro. per.; Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

BACKGROUND In September 2020, as a condition of parole, appellant Eduardo Antonio Montano agreed not to “engage in conduct prohibited by law.” In January 2021, appellant was taken into custody for making criminal threats in violation of Penal Code section 422. Eight days later, the Division of Adult Parole Operations filed a Petition for Revocation, seeking to revoke appellant’s parole for making criminal threats. In February 2021, the trial court found him in violation of his parole, and sentenced him to 180 days in jail, with 80 days credit. Appellant timely appealed. Appellant’s appointed counsel filed a brief raising no issues and invoking People v. Serrano (2012) 211 Cal.App.4th 496. Under Serrano, when appointed counsel raises no issue in an appeal from a post-judgment proceeding following a first appeal as of right, an appellate court need not independently review the record. (Id. at 498.) On September 29, 2021, we directed counsel to send the record and a copy of the brief to appellant, and notified appellant of his right to respond within 30 days. We received no response within that time period, but on December 2, 2021, we received a “Motion and Declaration of Good Cause for Extension of Time to File a Brief” and a “Defendant and Appellate Brief.” We grant appellant’s late-filed request for an extension, and will consider his supplemental brief. Having done so, we affirm.