People v. Brown CA2/7

DISCUSSION

We appointed counsel to represent Brown on appeal. After an examination of the record, counsel filed an opening brief in which no issues were raised. On March 2, 2016, we attempted to advise Brown by mail, sent to North Kern State Prison, that he had 30 days within which to submit any contentions or issues he wished us to consider. On March 14, 2016 the notice was returned by North Kern State Prison and marked “RTS” “Paroled.”1 We have examined the record and are satisfied Brown’s appellate attorney has fully complied with the responsibilities of counsel and no arguable issue exists. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The judgment is affirmed.

ZELON, J.

We concur:

PERLUSS, P. J. SEGAL, J.

When appellate counsel was appointed, Brown was directed “to keep the court informed of his/her mailing address at all times. If you move, you MUST notify the clerk of this court immediately; otherwise you may not receive important notices concerning your appeal.” Brown failed to provide any information concerning his address following his apparent discharge from North Kern State Prison. In his declaration, Brown’s appointed appellate counsel stated Brown had been released from prison and failed to give counsel a permanent mailing address.

3