People v. Ricks CA4/2

I.

INTRODUCTION

Defendant and appellant Bryan Scott Ricks appeals the trial court’s postjudgment

order denying his request for recall and resentencing pursuant to Penal Code section

1 1 1172.1 and Assembly Bill No. 600. Appointed counsel has filed a brief under the

authority of People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), requesting this

court to conduct an independent review of the record. In addition, defendant has had an

opportunity to file a supplemental brief with this court and has done so. After

considering the arguments raised in defendant’s supplemental brief, and exercising our

discretion to conduct an independent review of the record, we dismiss the appeal.

(Delgadillo, supra, at pp. 231-232.)

II.

PROCEDURAL BACKGROUND

On October 3, 2019, an information was filed charging defendant with second

degree robbery (§ 211; count 1), driving or taking a vehicle without consent (Veh. Code,

§ 10851, subd. (a); count 2), and evading a peace officer (Veh. Code, § 2800.2, subd. (a);

count 3). The information further alleged that in the commission of the robbery

defendant personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)).…