People v. Varlitskiy CA4/3

Good Law
Court of Appeal of CaliforniaFebruary 6, 2026E086408California852 words

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…

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