People v. Brambila CA4/3

Filed 11/14/23 P. v. Brambila 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062191

v. (Super. Ct. No. 10CF3025)

GUILLERMO JUNIOR BRAMBILA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

We appointed counsel to represent Guillermo Junior Brambila on appeal 1 from the denial of his petition under Penal Code section 1172.6. 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. 227, 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 particular section 1172.6 appeal. (Delgadillo, supra, 14 Cal.5th at p. 232.) On April 18, 2023, counsel was directed to send the record of this appeal and a copy of appellant’s brief to Brambila immediately. Brambila was granted 30 days to file any supplemental brief deemed necessary. Brambila was advised if no such supplemental brief is filed the court may dismiss the appeal as abandoned. (Delgadillo, supra, 14 Cal.5th at p. 232.) More than 30 days passed, and Brambila failed to file a supplemental brief or letter. We exercise our discretion to review the record.