People v. Reynolds CA2/8

Filed 2/1/24 P. v. Reynolds CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B331433

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA139152-02) v.

DARIOUS REYNOLDS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Joseph R. Porras, Judge. Affirmed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review this appeal of an order denying an evidentiary hearing to preserve evidence for a youth offender parole hearing pursuant to Penal Code1 section 1203.01, People v. Franklin (2016) 63 Cal.4th 261 and In re Cook (2019) 7 Cal.5th 439. We affirm. BACKGROUND In 2014, appellant Darious Reynolds entered pleas of no contest to charges of robbery and rape, violations of sections 211 and 261, subdivision (a)(2). He also admitted he personally used a firearm in the commission of the rape within the meaning of section 12022.53, subd. (b). The trial court sentenced Reynolds to 14 years in state prison. Reynolds was 17 years old at the time of the offense. In 2023, Reynolds filed a post-judgment motion for an evidentiary proceeding to preserve evidence to be used at a youth offender parole hearing. The trial court denied the motion because Reynolds was ineligible for a youth offender parole hearing under section 3051. Reynolds timely appealed. On October 26, 2023, we appointed counsel to represent Reynolds on appeal. On November 30, 2023, counsel filed a no- issue brief pursuant to People v. Delgadillo. Counsel advised us he had told Reynolds he may file his own supplemental brief within 30 days. Counsel sent Reynolds transcripts of the record on appeal as well as a copy of the brief. On December 1, 2023, this court sent Reynolds notice that a brief raising no issues had been filed on his behalf. We advised him he had 30 days within which to submit a supplemental brief