People v. McCloud CA1/2

Filed 9/21/23 P. v. McCloud CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A167751 v. BYRON McCLOUD, (Solano County Super. Ct. No. VC31353) Defendant and Appellant.

Byron McCloud appeals from an order denying his petition for conditional release under Welfare and Institutions Code section 6608 of the Sexually Violent Predator Act.1 McCloud’s appellate counsel has filed an opening brief informing the court he has reviewed the record and researched potential issues and can find no arguable issues to raise on appeal. Citing People v. Kisling (2015) 239 Cal.App.4th 288, counsel asks us to follow the procedures set forth in Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.). In Ben C., our Supreme Court held that “[i]f appointed counsel . . . finds no arguable issues, counsel . . . should (1) inform the court he or she has found no arguable issues to be pursued on appeal; and (2) file a brief setting out the applicable facts and the law.” (Ben C., supra, 40 Cal.4th at p. 544.) In addition, “[t]he

1 Undesignated statutory references are to the Welfare and Institutions

Code.

1

conservatee is to be provided a copy of the brief and informed of the right to file a supplemental brief.” (Id. at p. 544, fn. 6.) The appellate court may then dismiss the appeal if there are no arguable issues. (Id. at p. 544.) Here, McCloud has filed a supplemental brief. We have evaluated his arguments and find no issues of merit. (Cf. People v. Delgadillo (2022) 14 Cal.5th 216, 232 [in postconviction appeal of the denial of a petition for resentencing, when appointed counsel files a no-issue brief and “the defendant subsequently files a supplemental brief or letter, the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion”].) Accordingly, we will dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND After he was found to be a sexually violent predator (SVP) in 2011, McCloud was committed to the custody of the Department of State Hospitals (DSH). (People v. McCloud (Jan. 25, 2023, A166026) 2023 WL 382379, at