Opinion
E081530
10-16-2023
THE PEOPLE, Plaintiff and Respondent, v. DESHAUWN ANTHONY ROBINSON, Defendant and Appellant.
Joanna McKim, 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NOT TO BE PUBLISHED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. RIF128568. John D. Molloy, Judge. Dismissed.
Joanna McKim, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
MCKINSTER ACTING P. J.
On February 11, 2010, a jury found defendant and appellant Deshauwn Anthony Robinson guilty of deliberate and premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a), count 1), assault with a firearm (§ 245, subd. (a)(2), count 2), shooting at an occupied motor vehicle (§ 246, count 3), and gang participation (§ 186.22, subd. (b), count 4). The jury additionally found true firearm (§§ 12022.5, subd. (a), 12022.53, subd. (c)) and gang enhancements (§ 186.22, subd. (b)) attached to counts 1 through 3. A prior serious felony enhancement (§ 667, subd. (a)), prior prison term enhancement (§ 667.5, subd. (b)), and prior strike conviction allegation (§§ 667, subds. (b)-(i)) were also found true. The court sentenced defendant to an indeterminate term of imprisonment of 66 years four months to life. (Robinson, supra, E052713.)
All further statutory references will be to the Penal Code.
We take judicial notice of our prior opinion from defendant's appeal from the original judgment (People v. Robinson (Dec. 7, 2011, E052713) [nonpub. opn.]), which appellate counsel cites in his brief.
On appeal from the judgment, this court modified defendant's sentence to a determinate term of 25 years, plus an indeterminate term of 30 years to life. (Robinson, supra, E052713.)
On March 30, 2023, defendant filed a form petition for resentencing pursuant to section 1172.6. After a hearing on June 9, 2023, at which defendant was represented by counsel, the trial court denied the 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: CODRINGTON J. RAPHAEL J.