People v. Hollars CA3

Filed 5/3/23 P. v. Hollars 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication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
(Plumas)
----
THE PEOPLE, C096687
Plaintiff and Respondent, (Super. Ct. No. 98-24561)
v.
DAVID WAYNE HOLLARS II,
Defendant and Appellant.
Defendant David Wayne Hollars II appeals the trial court’s denial of his petition
for resentencing under Penal Code section 1172.6.1 Counsel filed a brief raising no
arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 and requesting we
exercise our discretion to review the entire record for arguable issues on appeal.
1 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. Defendant filed his petition under former section 1170.95, but we cite to the
current section 1172.6 in this opinion.
1
On February 3, 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.
/s/
EARL, J.
We concur:
/s/
ROBIE, Acting P. J.
/s/
MCADAM, J.*
* Judge of the Yolo County Superior Court, assigned by the Chief Justice pursuant
to article VI, section 6 of the California Constitution.
2