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People v. Vargas

California Court of Appeals, Fourth District, Second Division
Sep 10, 2024
No. E083304 (Cal. Ct. App. Sep. 10, 2024)

Opinion

E083304

09-10-2024

THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO VARGAS, Defendant and Appellant.

Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.


NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County Super.Ct.No. BPR2301497, Sylwia Luttrell, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.). Dismissed.

Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

OPINION

FIELDS, J.

INTRODUCTION

A trial court found that defendant and appellant Francisco Vargas violated his parole by using methamphetamine. The court ordered his parole revoked, and defendant now appeals. Counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo).

On July 15, 2024, we notified defendant: (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, 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: McKINSTER, Acting P. J., CODRINGTON, J.


Summaries of

People v. Vargas

California Court of Appeals, Fourth District, Second Division
Sep 10, 2024
No. E083304 (Cal. Ct. App. Sep. 10, 2024)
Case details for

People v. Vargas

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO VARGAS, Defendant and…

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

Date published: Sep 10, 2024

Citations

No. E083304 (Cal. Ct. App. Sep. 10, 2024)