People v. Osorio CA4/2

California Court of Appeal Nov 28, 2023 No. E080302Unpublished

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Holding. The court dismissed the defendant's appeal from the denial of his petition for resentencing because the defendant failed to file a supplemental brief after being given the opportunity to do so following appointed counsel's filing of a Delgadillo brief.

Issues

Whether the court engaged in impermissible factfinding at the prima facie stage.
Whether defense counsel provided ineffective assistance of counsel by submitting on the matter without filing a brief.
Whether the defendant was eligible for relief under section 1172.6.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Under these circumstances, we have no obligation to independently review the record for error.”

“Rather, we dismiss the appeal.”

Filed 11/28/23 P. v. Osorio CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE,

Plaintiff and Respondent, E080302

v. (Super.Ct.No. FSB038791)

RUBEN EMILIO OSORIO, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Gregory S. Tavill,

Judge. Dismissed.

Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

On June 7, 2004, a jury found defendant and appellant Ruben Emilio Osorio guilty

of attempted willful, deliberate, premeditated attempted murder (Pen. Code,1 §§ 664,

1 All further statutory references are to the Penal Code unless otherwise indicated. [footnote continued on next page]

187, count 1); carjacking (Pen. Code, § 215, subd. (a), count 2); possession of a firearm

by a felon (Pen. Code, § 12021, subd. (a)(1), count 3); unlawful driving or taking of a

vehicle (Veh. Code, § 10851, subd. (a), count 4); and misdemeanor resisting a police

People v. Osorio CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

RUBEN EMILIO OSORIO, OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

CODRINGTON J.

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