People v. Duffey CA4/3

Filed 6/16/23 P. v. Duffey 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061652

v. (Super. Ct. No. 06NF2865)

NEIL DEONTRAI DUFFEY, OPI NION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan Fish, Judge. Affirmed. Christine Vento, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

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Defendant Neil Deontrai Duffey appeals from an order denying his petition for resentencing made pursuant to formal Penal Code section 1170.95 (now Pen. Code, 1 § 1172.6). His appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 to inform the court that counsel had found no arguable issues and to request that we exercise our discretion to conduct an independent review of the record. Counsel also suggested one issue for our consideration. Defendant was given the opportunity to file a supplemental brief on his own behalf and was given notice pursuant to People v. Delgadillo that if no supplemental brief was filed, the court might dismiss the appeal as abandoned. Defendant did not file a supplemental brief. We nonetheless exercise our discretion to conduct an independent review of the record . (People v. Delgadillo, supra, 14 Cal.5th at p. 232.) We have conducted our independent review, find no arguable issues on appeal, and conclude the issue suggested by counsel does not have merit. Accordingly, we affirm the postjudgment order.