Opinion
E080352
08-09-2023
THE PEOPLE, Plaintiff and Respondent, v. JULIAN JESSE GUTIERREZ, Defendant and Appellant.
Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County .No. FSB17444. Brian S. McCarville, Judge. Dismissed.
Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
McKINSTER J.
On April 6, 2000, a jury convicted defendant and appellant, Julian Jesse Gutierrez, of attempted murder (Pen. Code, §§ 664, 187, count 1), assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b), count 2), and attempted possession of ephedrine with intent to manufacture methamphetamine (Pen. Code, § 664; Health &Saf. Code, § 11383, subd. (c), count 5). The jury additionally found true gang enhancement allegations attached to all three counts (Pen. Code, § 186.22, subd. (b)(1)), and firearm enhancements attached to counts 1 and 2 (Pen. Code, §§ 12022.5, subd. (a)(1) &12022.53, subd. (c)). (Lucero, supra, E027400.)
All further statutory references will be to the Penal Code unless otherwise indicated.
We take judicial notice of our prior nonpublished opinion from defendant's appeal from the original judgment (People v. Lucero et al. (January 18, 2002, E027400) [nonpub. opn.] (Lucero)), which the People attached to their response to defendant's petition and of which they requested the court below take judicial notice.
On May 25, 2022, defendant filed a form petition for resentencing pursuant to former section 1170.95. After a hearing on November 4, 2022, at which defendant was represented by counsel, the trial court denied the petition.
Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.)
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, a statement of the facts, 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: RAMIREZ P. J., RAPHAEL J.