People v. Cannavan CA2/6

Discussion We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief raising no issues and requesting that we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216. Because the instant appeal is not from appellant’s conviction, he is not entitled to our independent review of the record. He is, however, entitled to appellate consideration of any contentions raised in his supplemental brief. (See Delgadillo, at p. 232.) In his supplemental brief, appellant claims ineffective assistance of counsel because appellate counsel did not “meet and confer over issues at bar,” and appellant did not “author[ize]” counsel to file a Delgadillo brief. Appellant attaches numerous documents to his supplemental letter and asks this court to “take Judicial Notice of what is now offered.” We decline to do so. We have reviewed the record, including appellant’s supplemental brief and attachments, and conclude that appellant fails to raise any arguable issue. To establish ineffective assistance of counsel, a defendant must show counsel’s representation was deficient and that he was prejudiced by the deficiency.…