People v. Linthecome CA4/3

INTRODUCTION

The trial court found defendant Marcus Leon Linthecome in violation of the terms and conditions of his parole. Appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738, appellate counsel also identified two potential issues to assist in our independent review. Linthecome was provided 30 days to file his own written argument, but he did not do so. After reviewing the record, we determined one of the potential issues identified by appellate counsel constituted an arguable issue. We requested the parties submit letter briefs as to whether the trial court had jurisdiction at the parole revocation hearing to consider the propriety of the Static-99R score previously assigned to Linthecome by the California Department of Corrections and Rehabilitation (CDCR), and if so, was the issue properly raised for the trial court’s consideration. The Attorney General submitted a letter brief indicating a trial court may have the authority to consider the propriety of a Static-99R score in certain circumstances,…