Opinion
C091979
06-27-2023
THE PEOPLE, Plaintiff and Respondent, v. JASON WILBERT JOHNSON, Defendant and Appellant.
NOT TO BE PUBLISHED
(Super. Ct. No. 04F03055)
MESIWALA, J.
Defendant Jason Wilbert Johnson appeals the trial court's denial of his petition for resentencing under Penal Code section 1172.6. In October 2020, counsel filed a brief with no arguable issues under People v. Wende (1979) 25 Cal.3d 436 and asked this court to review the record and determine whether there are any arguable issues on appeal. We dismissed the appeal as abandoned in February 2021, and our Supreme Court granted review in May 2021.
Effective June 30, 2022, the Legislature renumbered former Penal Code section 1170.95 to section 1172.6. (Stats. 2022, ch. 58, § 10.) There were no substantive changes to the statute. Defendant filed his petition under former section 1170.95, but we will cite to the current section 1172.6 throughout this opinion. Undesignated statutory references are to the Penal Code.
In December 2022, our Supreme Court held that the Wende procedures, including the court's duty to independently review the appellate record, do not apply to an appeal from the denial of a postconviction relief under the resentencing procedures set forth in section 1172.6. (People v. Delgadillo (2022) 14 Cal.5th 216, 226 (Delgadillo).) In March 2023, our Supreme Court transferred the matter to us, with directions to vacate our original decision and reconsider whether to exercise our discretion to conduct an independent review of the record or provide any other relief in light of Delgadillo.
On April 5, 2023, we notified defendant: 1) counsel had 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. In addition, we 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 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: DUARTE, Acting P. J., BOULWARE EURIE, J.