People v. Sands CA1/5

DISCUSSION

Where, as here, the appellant has filed a supplemental brief in compliance with the procedures established in Delgadillo, we issue an opinion addressing the arguments presented in that brief. (Delgadillo, supra, 14 Cal.5th at p. 232.)

Here, however, we do not reach the merits of the arguments Sands raises in his supplemental brief because we

2 We deny as unnecessary Sands’s request for judicial

notice of the appellate record from his prior appeals. (See In re Reno (2012) 55 Cal.4th 428, 484 [“Petitioners need not separately or specifically request judicial notice of all documents connected with their past appeals”]). 2 lack jurisdiction over his appeal. Although section 1237, subdivision (b), permits appeals from “any order made after judgment, affecting the substantial rights of the party,” an appeal that duplicates a previous appeal is not an appealable order affecting substantial rights. (See People v. Totari (2002) 28 Cal.4th 876, 882; see also People v. Diaz (2015) 235 Cal.App.4th 1239, 1245 (Diaz).) Otherwise, appellants could take multiple bites of the apple. (See Diaz, at pp. 1241, 1245.)

Because Sands already litigated the issue of his entitlement to a…