People v. Baca CA3 ( 2023 )

Filed 6/14/23 P. v. Baca CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
----
THE PEOPLE, C097328
Plaintiff and Respondent, (Super. Ct. No. 17FE020607)
v.
TREDERIALO BACA,
Defendant and Appellant.
Defendant Trederialo Baca appeals the trial court’s denial of his petition for
resentencing under Penal Code section 1172.6. Counsel filed a brief raising no arguable
issues under People v. Delgadillo (2022) 14 Cal.5th 216 and requested we exercise our
discretion to review the entire record for arguable issues on appeal.
On March 23, 2023, we notified defendant: (1) counsel had filed a brief indicating
no arguable issues had been identified; (2) as a case arising from an order denying
postconviction relief, defendant was not entitled to counsel or to an independent review
of the record; and (3) in accordance with the procedures set forth in Delgadillo, defendant
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had 30 days in which to file a supplemental brief or letter raising any argument he wanted
this court to consider. In addition, we notified defendant if we did not receive a letter or
brief within that 30-day period, the court may dismiss the appeal as abandoned. More
than 30 days have elapsed and we received no communication from defendant.
We consider defendant’s appeal abandoned and order the appeal dismissed.
(People v. Delgadillo, supra, 14 Cal.5th at p. 232.)
DISPOSITION
The appeal is dismissed.
/S/
RENNER, J.
We concur:
/S/
DUARTE, Acting P. J.
/S/
HORST, J.*
* Judge of the Placer County Superior Court, assigned by the Chief Justice pursuant to
article VI, section 6 of the California Constitution.
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