People v. Montano CA2/4

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…