People v. McIntosh CA2/2

Filed 10/3/23 P. v. McIntosh CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B327572

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. KA058124)

TAVARES LONDELL MCINTOSH,

Defendant and Appellant.

THE COURT: In 2002, defendant and appellant Tavares Londell McIntosh was convicted of one count of robbery (Pen. Code, § 211)1 following a guilty plea. He was initially placed on probation, but, following a violation, he was sentenced to serve two years in state prison.

1 All further statutory references are to the Penal Code unless otherwise indicated.

On October 24, 2022, defendant filed a section 1170.18 petition requesting that his felony conviction be redesignated a misdemeanor conviction pursuant to Proposition 47.2 The trial court denied the petition on December 21, 2022, on the ground that defendant’s robbery conviction was not eligible for reduction. Defendant filed a timely notice of appeal. Counsel was appointed to represent defendant in connection with this appeal. After reviewing the record, appointed counsel filed a brief raising no issues and asking this court to follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). On July 20, 2023, we notified defendant that he had 30 days within which to personally submit a supplemental brief or letter stating any grounds for an appeal, contentions, or arguments for us to consider. We also informed defendant that his appeal could be dismissed if a supplemental brief or letter was not timely filed. Defendant filed a supplemental letter on August 4, 2023.