People v. Robinson CA3

Filed 6/21/23 P. v. Robinson 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication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, C096754
Plaintiff and Respondent, (Super. Ct. No. 05F03986)
v.
JULIUS MONTEREY ROBINSON,
Defendant and Appellant.
Defendant Julius Monterrey Robinson 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 (Delgadillo).
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. Defendant filed his petition
under former section 1170.95, but we will cite to the current section 1172.6 throughout
this opinion.
1
On April 6, 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 that 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.
(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.
2