Opinion

P. v. Brown CA6

Court
California Court of Appeal
Filed
May 16, 2013
Status
Unpublished
Cited by
0 cases
Authority
More cited than 26.7%

The opinion

Filed 5/16/13 P. v. Brown CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038354

(Santa Clara County

Plaintiff and Respondent, Super. Ct. Nos. CC315692 &

CC316794)

v.

MELVIN TYRONE BROWN,

Defendant and Appellant.

Defendant Melvin Tyrone Brown was convicted of a variety of robbery related

offenses, and sentenced to state prison in 2004. On April 11, 2012, defendant filed a

motion to correct the abstract of judgment. The trial court denied the motion and this

timely appeal ensued.

On appeal, we appointed counsel to represent defendant in this court. Appointed

counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436

(Wende) which states the case and the facts but raises no specific issues. Wende review is

only available in a first appeal of right. (People v. Serrano (2012) 211 Cal.App.4th 496,

501 (Serrano).) Because defendant’s appeal is from an order after judgment, and not a

first appeal of right, he is not entitled to Wende review. Therefore, we will proceed with

this appeal pursuant to the standards we enunciated in Serrano. Pursuant to Serrano, on

March 14, 2013 we notified defendant of his right to submit written argument in his own

behalf within 30 days. Thirty days have elapsed and we have received nothing from

defendant.

The defendant having failed to raise any issue on appeal, we dismiss the appeal as

abandoned. (Serrano., supra, 211 Cal.App.4th at pp. 503-504.)

DISPOSITION

The appeal is dismissed as abandoned.

_____________________________________

RUSHING, P.J.

WE CONCUR:

_________________________________

PREMO, J.

_________________________________

ELIA, J.

2

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