People v. Teague CA2/1

Filed 8/15/23 P. v. Teague CA2/1 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B303076

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA024803) v.

GINGIE MIIUAAN TEAGUE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura R. Walton, Judge. Affirmed. Diane E. Berley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General and William H. Shin, Deputy Attorney General, for Plaintiff and Respondent. ____________________________

Defendant Gingie Miiuaan Teague appeals from the order denying her Penal Code section 1170.95 petition (subsequently renumbered as section 1172.6 effective June 30, 2022 (Stats. 2022, ch. 58, § 10)).1 Appointed counsel requested that this court review the record pursuant to the procedures set forth in People v. Wende (1979) 25 Cal.3d 436 (Wende). After notice pursuant to Wende, supra, at p. 442 of her right to file a supplemental brief, Teague did not file a supplemental brief. On August 21, 2020, we dismissed Teague’s appeal as abandoned based on People v. Cole (2020) 52 Cal.App.5th 1023. (People v. Teague (Aug. 21, 2020, B303076) [nonpub. opn.].) The Supreme Court later ordered the opinion in Cole vacated. The Supreme Court also ordered us to vacate our prior opinion and reconsider whether to exercise our discretion to conduct an independent review of the record or provide any relief in light of People v. Delgadillo (2022) 14 Cal.5th 216, 232–233 and footnote 6 (Delgadillo). We vacated our prior opinion. We now choose to exercise our discretion to conduct an independent review of the record pursuant to Wende, supra, 25 Cal.3d 436.