From Casetext: Smarter Legal Research

People v. Garcia

California Court of Appeals, Fourth District, Second Division
Apr 26, 2024
No. E082289 (Cal. Ct. App. Apr. 26, 2024)

Opinion

E082289

04-26-2024

THE PEOPLE, Plaintiff and Respondent, v. JOSHUA FORD GARCIA, Defendant and Appellant.

Steven A. Torres, 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NOT TO BE PUBLISHED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. RIF1801472. Randall S. Stamen, Judge. Dismissed.

Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

FIELDS J.

INTRODUCTION

Defendant and appellant Joshua Ford Garcia appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.91. Appellate counsel filed a brief raising no arguable issues under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738, and asked us to conduct an independent review of the record. However, Wende does not apply to an appeal from the denial of postconviction relief. (People v. Delgadillo (2022) 14 Cal.5th 216, 226 (Delgadillo).) Thus, we have no obligation to conduct an independent review of the record.

All further statutory references will be to the Penal Code, unless otherwise indicated.

On February 23, 2024, we notified defendant that: (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, supra, 14 Cal.5th 216, 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: MILLER Acting P.J. MENETREZ J.


Summaries of

People v. Garcia

California Court of Appeals, Fourth District, Second Division
Apr 26, 2024
No. E082289 (Cal. Ct. App. Apr. 26, 2024)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSHUA FORD GARCIA, Defendant and…

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

Date published: Apr 26, 2024

Citations

No. E082289 (Cal. Ct. App. Apr. 26, 2024)