People v. Ponce CA4/3

Filed 8/17/23 P. v. Ponce 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061991

v. (Super. Ct. No. 04WF2333)

LUIS TEODORO PONCE, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed. Ronda G. Norris, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

We appointed counsel to represent Luis Teodoro Ponce on appeal. 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. Counsel advised the court the applicable law in this case is People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and the procedures set forth in People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 (Anders), do not apply to this case. (Delgadillo, supra, 14 Cal.5th at pp. 226, 231.) Thus, when appointed appellate counsel finds no viable issues, counsel should file a brief informing the court that counsel has found no arguable issues and including a concise recitation of facts relating to the denial of the petition. (Id. at p. 231) The reviewing court should send the brief to the defendant with notice that the defendant has the right to file a supplemental brief or letter within 30 days, and if no brief or letter is filed, the appeal may be dismissed. (Id. at pp. 231-232.) If the defendant fails to file a supplemental letter or brief, the court retains discretion to conduct an independent review of the record in any 1 particular Penal Code section 1172.6 appeal. (Delgadillo, supra, 14 Cal.5th at p. 232.) On February 22, 2023, we ordered counsel to send the record of this appeal and a copy of Ponce’s brief to him immediately if these materials had not already been sent to appellant. Counsel advised this court she advised her client that he may personally file a supplemental brief or a letter, and that his case will likely be dismissed if he fails to file his own supplemental brief. Ponce did not file a supplemental brief or letter. We exercise our discretion to review the record. To assist the court in conducting a discretionary independent review of the record, counsel provided the court with information as to one issue that might arguably