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People v. Chaira

California Court of Appeals, Fourth District, Second Division
Jul 11, 2024
No. E082732 (Cal. Ct. App. Jul. 11, 2024)

Opinion

E082732

07-11-2024

THE PEOPLE, Plaintiff and Respondent, v. MANUEL CHAIRA, JR., Defendant and Appellant.

Benjamin Kington, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.


NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County. No. RIF151153, John D. Molloy, Judge. Dismissed.

Benjamin Kington, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

OPINION

FIELDS J.

INTRODUCTION

Defendant Manuel Chaira, Jr. 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).

On May 9, 2024, 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.)

DISPOSITION

The appeal is dismissed.

We concur: CODRINGTON Acting P.J., MENETREZ J.


Summaries of

People v. Chaira

California Court of Appeals, Fourth District, Second Division
Jul 11, 2024
No. E082732 (Cal. Ct. App. Jul. 11, 2024)
Case details for

People v. Chaira

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MANUEL CHAIRA, JR., Defendant and…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Jul 11, 2024

Citations

No. E082732 (Cal. Ct. App. Jul. 11, 2024)