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People v. Arias

California Court of Appeals, Third District, Sacramento
Aug 1, 2023
No. C097617 (Cal. Ct. App. Aug. 1, 2023)

Opinion

C097617

08-01-2023

THE PEOPLE, Plaintiff and Respondent, v. CARLOS FRANK ARIAS, Defendant and Appellant.


NOT TO BE PUBLISHED

(Super. Ct. No. 95F07856)

HORST, J. [*]

Defendant Carlos Frank Arias appeals the trial court's denial of his petition for resentencing under former Penal Code section 1172.6. Counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 and requesting we exercise our discretion to review the entire record for arguable issues on appeal.

Defendant filed this petition under former Penal Code section 1170.95. The Legislature amended Penal Code section 1170.95 effective January 1, 2022, under Senate Bill No. 775 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 551). Effective June 30, 2022, the Legislature renumbered Penal Code section 1170.95 to section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.)

On May 11, 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. (People v. Delgadillo, supra, 14 Cal.5th at p. 232.)

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.


Summaries of

People v. Arias

California Court of Appeals, Third District, Sacramento
Aug 1, 2023
No. C097617 (Cal. Ct. App. Aug. 1, 2023)
Case details for

People v. Arias

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. CARLOS FRANK ARIAS, Defendant and…

Court:California Court of Appeals, Third District, Sacramento

Date published: Aug 1, 2023

Citations

No. C097617 (Cal. Ct. App. Aug. 1, 2023)