People v. Hernandez CA4/2

Opinion

Filed 7/14/23 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E080130

v. (Super.Ct.No. FVI04263)

ARMANDO HERNANDEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Kawika Smith,

Judge. Dismissed.

William G. Holzer, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1 INTRODUCTION

Defendant Armando Hernandez 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 (Delgadillo).

On April 12, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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:

McKINSTER Acting P. J.

MILLER J.