People v. Tennard CA4/2

INTRODUCTION

Defendant and appellant Thomas Raymillier Tennard, Jr., appeals from a

postjudgment order denying his Penal Code1 section 1170.95 petition for resentencing

under the procedures established by Senate Bill No. 1437. Appointed appellate counsel

filed an opening brief that sets forth the facts of the case and asks this court to review the

record and determine whether there are any arguable issues on appeal. (People v. Wende

(1979) 25 Cal.3d 436 (Wende); Anders v. California (1967) 386 U.S. 738 (Anders).)

Because defendant is not entitled to Wende/Anders review from denial of the challenged

postjudgment motion, and neither he nor his counsel has raised any claim of error in the

denial, we dismiss his appeal as abandoned.

PROCEDURAL BACKGROUND

In 2015, a jury found defendant guilty of one count of inflicting corporal injury on

his cohabitant girlfriend. (§ 273.5, subd. (a); People v. Tennard (2017) 18 Cal.App.5th

476, 480 (Tennard).) A trial court found that he had four prison priors (§ 667.5,

subd. (b)) and two prior strikes (§ 667, subds. (b)–(i)), including a 1991 conviction for

forcible rape, a “super strike” (§§ 261, subd. (a)(2), 667, subd.…