People v. Garcia CA4/3

Filed 4/9/25 P. v. Garcia CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, G063966

v. (Super. Ct. No. 99CF1991)

JOSE LUIS GARCIA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

We appointed counsel to represent Jose Luis Garcia on appeal from the denial of his petition under Penal Code section 1172.6.1 Counsel filed a brief that set forth the facts of the case. Counsel did not argue against her client but advised the court she found no issues to argue on his behalf. The procedures set forth in People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738, do not apply to appeals from the denial of section 1172.6 petitions. (People v. Delgadillo (2022) 14 Cal.5th 216, 226, 227, 231.) Therefore, when appointed appellate counsel finds no viable issues, counsel must file a brief informing the court that counsel found no arguable issues and include a concise narration of facts. (Id. at p. 231.) The reviewing court must send the brief to the defendant with notice the defendant may file a supplemental brief or letter within 30 days. (Id. at pp. 231–232.) Garcia did not file a supplemental brief. We have independently reviewed the record and found no arguable issues on appeal. (People v. Delgadillo, supra, 14 Cal.5th at p. 232.) We affirm the postjudgment order. FACTS A complete recitation of the facts can be found in our prior nonpublished opinion, People v. Garcia (Feb. 19, 2003, G028942). The sole issue in this appeal is whether the trial court erred when it found Garcia ineligible for resentencing under section 1172.6. We include here only the facts relevant to the limited issue on appeal.