Rosemond
People v. Rosemond
Opinion
Opinion
INTRODUCTION
After the passage of Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill 600), defendant Malcolm Rosemond filed a petition for resentencing pursuant to Penal Code section 1172.1, requesting the court recall and resentence him on the court’s own motion. (Undesignated statutory references are to the Penal Code.) The court denied the petition, finding that a “defendant is not entitled to file a petition seeking relief from the court” under section 1172.1. On appeal, counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, asserting the trial court had jurisdiction to enter its order below and the resulting order is appealable, but counsel found no arguable issues on appeal after conducting an examination of the record. Our court sent defendant a letter notifying him counsel found no arguable issues, he had 30 days to file a supplemental letter or brief raising any arguable issues, and his failure to file a supplemental letter or brief could result in this court dismissing the appeal as abandoned. Defendant has not filed a supplemental brief. We dismiss the appeal as abandoned.