People v. Hernandez CA4/2 ( 2023 )

Filed 7/5/23 P. v. Hernandez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E080585
v. (Super.Ct.No. RIF1606142)
CHRISTOPHER RAY HERNANDEZ, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Jeffrey Prevost, Judge.
(Retired Judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art.
VI, § 6 of the Cal. Const.) Dismissed.
David P. Lampkin, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
1
INTRODUCTION
Defendant Christopher Ray Hernandez appeals the trial court’s denial of his
petition for resentencing under Penal Code section 1170.95.1 Counsel filed a brief
raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo).
On April 3, 2023, we notified defendant: (1) counsel filed a brief indicating no
arguable issues had been identified; (2) as a case arising from an order denying
postconviction relief, this court was not required to conduct an independent review of the
record, but we could do so in our discretion; and (3) in accordance with the procedures
set forth in Delgadillo, he had 30 days in which to file a supplemental brief raising any
argument he wanted this court to consider. We also notified defendant that if we did not
receive a brief within that 30-day period, we 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.
(Delgadillo, supra, 14 Cal.5th at p. 232.)
1 Penal Code section 1170.95 was renumbered as section 1172.6 without change
in the text, effective June 30, 2022 (Stats. 2022, ch. 58, § 10).
2
DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
FIELDS
J.
We concur:
CODRINGTON
Acting P. J.
RAPHAEL
J.
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