People v. Hunt CA3

BACKGROUND

The prosecution charged defendant with one felony count of making a criminal threat. (Pen. Code, § 422, subd. (a).) Defendant pleaded guilty to the crime as a misdemeanor. The trial court imposed a three-year term of probation and imposed various fines and fees.

1 The trial court granted defendant a certificate of probable cause and defendant filed a notice of appeal.

DISCUSSION

Appointed counsel filed an opening brief setting forth the facts of the case and asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d at p. 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no communication from defendant. This court has no jurisdiction in this case because “a defendant is not ‘charged with a felony’ . . . until an information or indictment is filed or a complaint is certified to the superior court pursuant to [Penal Code] section 859a.” (People v. Nickerson (2005) 128 Cal.App.4th 33, 38.) Although the complaint alleged one felony count of making a criminal threat,…