People v. Lorenzana CA4/2

California Court of Appeal Aug 23, 2024 No. E083285Unpublished

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Holding. The court dismissed the appeal as abandoned after the defendant failed to file a supplemental brief following counsel's filing of a Delgadillo brief, noting that the defendant was ineligible for resentencing as a matter of law.

Issues

Whether the court should exercise its discretion to independently review the record for error in an appeal from the denial of a section 1172.6 petition where no supplemental brief was filed.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“We, however, have discretion to conduct a review under Wende even when it is not required.”

“This case does not call for us to exercise our discretion to independently examine the record for arguable issues, and we decline to do so. Accordingly, we dismiss the appeal as abandoned.”

Filed 8/23/24 P. v. Lorenzana CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E083285

v. (Super.Ct.No. FWV19004069)

JASON PASQUAL LORENZANA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Camber,

Judge. Dismissed.

Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

On June 24, 2022, defendant and appellant Jason Pasqual Lorenzana pled no

contest to attempted murder under Penal Code1 sections 664 and 187, subdivision (a)

(count 5). Defendant also admitted that he personally used a firearm under

section 12022.53, subdivision (b). The parties stipulated that the preliminary hearing

provided a factual basis for defendant’s plea. Thereafter, the trial court dismissed

counts 1 through 4, and sentenced defendant to 19 years in state prison.

On November 2, 2023, defendant filed a petition for resentencing pursuant to

People v. Lorenzana CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

JASON PASQUAL LORENZANA, OPINION

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DISPOSITION

MILLER J.

MENETREZ J.

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