People v. Sandovaldelgadillo CA4/2

DISCUSSION

Defendant’s counsel has filed a brief under the authority of People v. Delgadillo

(2022) 14 Cal.5th 216 that does not raise any issues. The brief includes a request for this

court to exercise its discretion to independently review the record for the reasons

articulated in People v. Griffin (2022) 85 Cal.App.5th 329, 335-336.

We granted defendant’s request for judicial notice of portions of the reporter’s trial

transcripts and the jury instructions referred to by the trial court at the prima facie hearing

on defendant’s section 1172.6 petition.

Upon receipt of counsel’s opening brief, we advised defendant that, because his

appeal is from the denial of a postconviction petition, this court is not required to conduct

an independent review of the record, and cited Delgadillo, supra, 14 Cal.5th 216. We

To prevail on a section 1172.6 petition, persons such as defendant who were convicted of attempted first-degree murder must establish all of the following: (1) that an accusatory pleading was filed against them that allows them to be prosecuted for attempted murder under the natural and probable consequences doctrine; (2) that they were convicted of…