People v. Shell CA2/1

Good Law
Court of Appeal of CaliforniaJanuary 12, 2026B344682California274 words

Opinion

Opinion

Weingart, J.

DISCUSSION

When appointed counsel files a brief in an appeal from the denial of postconviction relief that identifies no issues on appeal and the defendant files a supplemental brief, we are “required to evaluate the specific arguments presented in [the defendant’s supplemental] brief.” (People v Delgadillo, supra, 14 Cal.5th at p. 232.) We are not, however, required to conduct an independent review of the record to identify arguable issues. (Ibid.) Although we have discretion to conduct an independent review, we decline to do so in this case. In his supplemental brief, Shell asserts no claims of error regarding his resentencing. He instead raises the following contentions concerning his 2014 trial: “1. The person named Silver that was there at the time who tr[i]ed to set the business up for a robbery (this was never looked at) he is in the report but never was told why. [¶] 2. The [c]am[e]ra footage I asked for in tr[ia]l so that could see what happen [sic] in the business[.] [¶] 3. The fact that she was following me out of the business but the bullets came from behind her not in front of her[.] [¶] 4. The fact that the first call from the business was made & hung up to the…

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