People v. Garcia CA3 ( 2023 )

Filed 6/13/23 P. v. Garcia 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication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, C097165
Plaintiff and Respondent, (Super. Ct. No. 16FE021333)
v.
JULIAN GARCIA,
Defendant and Appellant.
Defendant Julian Garcia appeals the trial court’s denial of his petition for
resentencing under Penal Code former section 1170.95.1 Counsel filed a brief raising no
arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 or People v. Wende
1 Undesignated statutory references are to the Penal Code. Effective June 30, 2022,
the Legislature renumbered former section 1170.95 to section 1172.6. (Stats. 2022, ch.
58, § 10.) There were no substantive changes to the statute.
1
(1979) 25 Cal.3d 436 and requesting we exercise our discretion to review the entire
record for arguable issues on appeal.
On March 16, 2023, we notified defendant: (1) counsel had 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
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 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.
KRAUSE , Acting P. J.
We concur:
BOULWARE EURIE , J.
MESIWALA , J.
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