People v. Fakinos CA4/3

INTRODUCTION

Gregory Fakinos (Defendant) appeals from an order denying at the prima facie stage his petition for resentencing made pursuant to Penal Code section 1172.6.1 Defendant’s appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) to inform us that counsel had found no arguable issues and to request that we exercise our discretion to conduct an independent review of the record. Counsel also suggested one issue for our consideration. Defendant was given the opportunity to file a supplemental brief on his own behalf and was given notice pursuant to Delgadillo that if no supplemental brief was filed, the court might dismiss the appeal as abandoned. Defendant has filed a supplemental brief. We have conducted an independent review of the record and find no arguable issues on appeal. The issue suggested by counsel has no merit. We have evaluated the arguments presented by Defendant in his supplemental briefs and conclude none has merit. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm.

BACKGROUND

A jury found Defendant guilty of one count of attempted murder (§§ 187, subd. (a), 664, subd. (a)) and found true the…