People v. Varlitskiy CA4/3
Opinion
Opinion
BACKGROUND
In 2019 Varlitskiy pled guilty to six counts of robbery (§ 211) and four gun use
enhancements (§ 12022.53, subd. (b)) in exchange for a stipulated 30 year sentence. In
2025 Varlitskiy filed a “Request for Recall of Sentence and Resentencing Pursuant to
Assembly Bill No. 2483 and Penal Code section 1171.” The same day, the court entered
an order stating Varlitskiy’s request was “[r]ejected improper format 1172.1(c) PC.”
Varlitskiy appealed.
ANALYSIS
On Varlitskiy’s request, we appointed counsel to represent him on appeal.
Counsel filed a brief declaring they found no arguably meritorious issues to appeal,
setting out a statement of the case, and asking us to conduct an independent review of the
record.
When appealing from a postconviction order a defendant has no constitutional
right to independent review under Anders/Wende.2 (Delgadillo, supra, 14 Cal.5th at
pp. 227, 231.) Nevertheless, the appellate court is to inform the defendant that they may
1 Unlabeled statutory citations refer to the Penal Code.
2 Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.
2 personally file a supplemental brief, and “[i]f the defendant…