Opinion
C090332
05-30-2023
THE PEOPLE, Plaintiff and Respondent, v. OLEG TARASUK, Defendant and Appellant.
NOT TO BE PUBLISHED
(Super. Ct. No. 62115893)
MAURO, J.
The trial court denied defendant Oleg Tarasuk's petition for resentencing under Penal Code former section 1170.95 (now section 1172.6), and defendant appealed. Appointed counsel asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) This court dismissed the appeal, but the California Supreme Court granted defendant's petition for review and transferred the case back to this court with directions to vacate the prior decision and reconsider the matter in light of People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). We vacated the prior decision.
On April 7, 2023, we notified defendant that (1) counsel filed a brief indicating that 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, we may dismiss the appeal as abandoned. More than 30 days elapsed and we received no communication from defendant.
We consider defendant's appeal abandoned and order it dismissed. (Delgadillo, supra, 14 Cal.5th at p. 232.)
DISPOSITION
The appeal is dismissed.
We concur: ROBIE, Acting P. J., RENNER, J.