Opinion
E083133
07-26-2024
THE PEOPLE, Plaintiff and Respondent, v. SHAWN EDWARDS, Defendant and Appellant.
Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. INF1102381. John D. Molloy, Judge.
Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
McKINSTER J.
On February 5, 2013, in superior court case No. INF1102381, defendant and appellant Shawn Edwards pled guilty to first degree burglary (Pen. Code, § 459, count 1). Pursuant to a negotiated disposition, the court granted defendant 36 months of formal probation.
All further statutory references are to the Penal Code.
On June 29, 2016, in superior court case No. BAF1501267, defendant pled guilty to two counts of robbery (§ 211, counts 1 &4) and one count of attempted robbery (§§ 664, 211, count 5). He also admitted a principal was armed with a firearm during the commission of the counts 1 and 5 offenses (§ 12022, subd. (a)(1)), that defendant was personally armed with a firearm in his commission of the count 4 offense (§ 12022.53, subd. (b)), and that defendant suffered from a prior strike conviction (§ 667, subds. (c) &(e)(1)). The court sentenced defendant to 18 years in state prison.
On the same day, defendant admitted he violated the terms of his probation in case No. INF1120381. The court sentenced defendant to four years in state prison concurrent to his prison sentence in case No. BAF1501267.
On November 1, 2023, defendant filed a petition for resentencing pursuant to "All Applicable Sections of Penal Code § 1170, § 1171, § 1172, and Assembly Bill 1540." At a hearing on January 11, 2024, at which defendant was represented by counsel, the court denied defendant's petition.
On appeal, defendant's appointed counsel has filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), setting forth a statement of the case and requesting that we exercise our discretion to independently review the record for error.
We gave defendant the opportunity to file a personal supplemental brief. We noted that if he did not do so, we could dismiss the appeal; nevertheless, he has not filed one. Under these circumstances, we have no obligation to independently review the record for error. (Delgadillo, supra, 14 Cal.5th. at pp. 224-231.) Rather, we dismiss the appeal. (Id. at pp. 231-232.)
DISPOSITION
The appeal is dismissed.
We concur: RAMIREZ P. J., FIELDS J.