People v. Dearing CA5

INTRODUCTION

In 1998, appellant and defendant Michael Dearing (appellant) pleaded no contest to 39 felonies and additional offenses and enhancements for sexually molesting a minor. He was sentenced to 82 years plus 15 years to life. In 2024, appellant filed a request for resentencing pursuant to Penal Code1 section 172.1. The trial court summarily denied the petition. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. After appropriate notice, appellant did not file a supplemental brief on his own behalf. As we explain, this appeal is dismissed.

PROCEDURAL BACKGROUND

On September 11, 1997, an information was filed in the Superior Court of Tulare County charging appellant with 47 counts based on committing multiple acts of sexual molestation against two minors in 1996 and 1997. On April 29, 1998, on the scheduled first day of his jury trial, appellant pleaded no contest to 45 counts based on the sexual molestation of one minor as follows: 18 counts of committing a lewd act on a child (§ 288, subd. (a)),…