Opinion
C096660
08-03-2023
THE PEOPLE, Plaintiff and Respondent, v. CHONGT YANG, Defendant and Appellant.
NOT TO BE PUBLISHED
(Super. Ct. No. 05F03254)
HORST, J. [*]
Defendant Chongt Yang appeals the trial court's denial of his petition for resentencing under Penal Code section 1172.6. Counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) or People v. Wende (1979) 25 Cal.3d 436.
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. Although defendant filed his petition under former section 1170.95, we cite to the current section throughout this opinion.
On April 28, 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. (Delgadillo, supra, 14 Cal.5th at p. 232.) In light of this conclusion, we deny defendant's request for judicial notice of the record filed in his appellate case No. C056356.
DISPOSITION
The appeal is dismissed.
We concur: EARL, P. J. DUARTE, J.
[*] Judge of the Placer County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.