People v. Gamiochipe CA4/2

California Court of Appeal Feb 6, 2025 No. E084108Unpublished

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Holding. The court dismissed the appeal because the defendant failed to file a supplemental brief after counsel filed a brief under People v. Delgadillo, meaning the court had no obligation to independently review the record.

Issues

Whether the trial court erred in finding the defendant ineligible for resentencing under Penal Code section 1172.6.
Whether the appellate court is required to independently review the record when a defendant fails to file a supplemental brief following a Delgadillo brief.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“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.)”

Filed 2/6/25 P. v. Gamiochipe 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E084108

v. (Super.Ct.No. FWV23001612)

ADRIAN GAMIOCHIPE, OPINION

Defendant and Appellant.

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

Judge. Dismissed.

Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

On December 7, 2023, defendant and appellant Adrian Gamiochipe pled no

contest to attempted murder (Pen. Code, §§ 664, 187, subd. (a)(1), count 4).1 Defendant

additionally admitted that in his commission of the attempted murder, he inflicted great

bodily injury (§ 12022.7, subd. (b)) and personally used a firearm (§12022.5, subd. (b)).

Pursuant to the plea agreement, the court sentenced defendant to 11 years in state prison.

Defendant filed a form petition for resentencing pursuant to section 1172.6. The

People v. Gamiochipe CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

ADRIAN GAMIOCHIPE, OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON J.

RAPHAEL J.

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