People v. Vaughn CA3 ( 2023 )


Menu:
  • Filed 7/3/23 P. v. Vaughn CA3
    NOT TO BE PUBLISHED
    California Rules of Court, rule 8.1115(a), prohibits courts and7/23/ 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 This opinion has not been certified for
    publication or ordered published for purposes of rule 8.1115.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,                                                                                     C097349
    Plaintiff and Respondent,                                        (Super. Ct. No. 99F06174)
    v.
    CHERYL JEAN VAUGHN,
    Defendant and Appellant.
    Defendant Cheryl Jean Vaughn appeals the trial court’s denial of her petition for
    resentencing under Penal Code section 1172.6. Appointed counsel filed a brief raising no
    arguable issues under People v. Delgadillo (2022) 
    14 Cal.5th 216
     or People v. Wende
    (1979) 
    25 Cal.3d 436
     and asking us to exercise our discretion to review the entire record
    for arguable issues on appeal. We shall dismiss the appeal as abandoned.
    1
    DISCUSSION
    On April 14, 2023, we notified defendant: (1) counsel filed a brief indicating no
    arguable issues had been identified by counsel; (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 had 30 days in which to file a supplemental brief or letter raising any argument
    she wanted this court to consider. We also 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 have 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/
    Duarte, J.
    We concur:
    /s/
    Robie, Acting P. J.
    /s/
    Mesiwala, J.
    2
    

Document Info

Docket Number: C097349

Filed Date: 7/3/2023

Precedential Status: Non-Precedential

Modified Date: 7/3/2023