People v. Perez CA4/2

California Court of Appeal·Decided November 5, 2025·No. E085109·Unpublished

Opinion

Filed 11/5/25 P. v. Perez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E085109

v. (Super.Ct.No. SWF016914)

GABRIEL VINCENT PEREZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Joshlyn R. Pulliam,

Judge. Dismissed.

Robert L.S. Angres, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1 I.

INTRODUCTION

Defendant and appellant Gabriel Vincent Perez appeals the trial court’s

postjudgment order denying his petition for resentencing of his 2007 second degree

murder conviction (Pen. Code,1 § 187, subd. (a)) under section 1172.6 (formerly

section 1170.95). Appointed counsel has filed a brief under the authority of People v.

Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), requesting this court to conduct an

independent review of the record.

In addition, defendant has had an opportunity to file a supplemental brief with this

court. On September 4, 2025, 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 All future statutory references are to the Penal Code unless otherwise stated.

2 II.

DISPOSITION

The appeal is dismissed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS CODRINGTON J. We concur:

RAMIREZ P. J.

RAPHAEL J.

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Related

People v. Delgadillo
521 P.3d 360 (California Supreme Court, 2022)