People v. Machuca CA2/4

DISCUSSION

Appellant’s appointed attorney filed a brief raising no issues and requesting that this court proceed pursuant to Delgadillo, supra, 14 Cal.5th 216. This court advised appellant of his right to file a supplemental brief (see Delgadillo, supra, 14 Cal.5th at pp. 231-232), and appellant did so. We evaluate the arguments set forth in that supplemental brief. (See id. at p. 232 [“If the defendant subsequently files a supplemental brief or letter, the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion”].) Appellant’s supplemental brief does not raise any arguments relevant to his section 1172.6 petition for resentencing. Instead, he asserts his innocence and argues that there was insufficient evidence to sustain his murder conviction. None of these arguments establish any error with respect to the trial court’s denial of appellant’s petition for resentencing at the prima facie stage. We therefore affirm.

DISPOSITION

The order denying the petition for resentencing is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

COLLINS, J.

We concur:

CURREY, P.J.

ZUKIN, J.