Opinion
H050779
01-25-2024
THE PEOPLE, Plaintiff and Respondent, v. JOSE ISABEL VIRGEN JARAMILLO, Defendant and Appellant.
NOT TO BE PUBLISHED
Monterey County Super. Ct. No. 21CR001958
BAMATTRE-MANOUKIAN, ACTING P.J.
Defendant Jose Isabel Virgen Jaramillo pleaded no contest to 18 counts involving sex crimes against children. On May 26, 2022, he was sentenced to 227 years to life. On January 30, 2023, defendant filed a notice of appeal, which was dated January 9, 2023, regarding the judgment.
On appeal, defendant's appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 that states the case and facts but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. We also requested supplemental briefing from the parties regarding why this appeal should not be dismissed as untimely. In supplemental briefing, the parties agree that the notice of appeal is untimely and that dismissal is appropriate. As defendant's January 30, 2023 notice of appeal was filed more than 60 days after the May 26, 2022 judgment, the notice of appeal is untimely and we will dismiss the appeal. (Cal. Rules of Court, rule 8.308(a).)
Defendant sent this court a letter that was written in Spanish. This court sent the letter to defendant's appointed counsel, who agreed to translate it. Appointed counsel subsequently notified this court that "[a]fter translating the letter, the letter does not appear to be a supplemental brief but instead seems to be directed towards [appointed counsel] and asks for further guidance." Appointed counsel indicated to this court that he would write to defendant to "again explain the Wende procedure."
DISPOSITION
The appeal is dismissed.
WE CONCUR: WILSON, J., ADAMS, J. [*]
[*]Judge of the Santa Clara County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.