People v. Choi CA2/5

I. INTRODUCTION

Defendant, Ernest Jim Choi, appeals from a postjudgment order. Defendant was convicted in August 2013 after pleading nolo contendere to stalking in violation of Penal Code section 646.9.1 He was subsequently released from state prison subject to postrelease community supervision. (§ 3450 et seq.) On June 23, 2015, a revocation petition was filed. (§§ 1203.2, subd. (b)(1), 3455.) On September 24, 2015, the trial court found defendant in violation of the conditions of his release. The trial court revoked and reinstated postrelease community supervision with modified conditions. We affirm the order. During the revocation hearing, the parties at times referred to defendant being on “probation.” He was not, however, on probation.

II. DISCUSSION

A. The Wende Brief

We appointed counsel to represent defendant on appeal. After examining the record, appointed appellate counsel filed an “Opening Brief” in which no issues were raised. Instead, appointed appellate counsel requested this court independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.) On April 11, 2016, we…