Opinion
C097862
09-21-2023
THE PEOPLE, Plaintiff and Respondent, v. SYLVESTER GRIFFIN, Defendant and Appellant.
NOT TO BE PUBLISHED
(Super. Ct. No. 10F03096)
KEITHLEY, J.
Defendant Sylvester Griffin appeals the trial court's denial of his petition for resentencing under Penal Code section 1172.6. Appointed counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 or People v. Wende (1979) 25 Cal.3d 436 and asking us to exercise our discretion to review the entire record for arguable issues on appeal. We shall dismiss the appeal as abandoned.
DISCUSSION
On June 22, 2023, we notified defendant: (1) counsel 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. We also 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 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., MESIWALA, J.
Judge of the Butte County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.