People v. Guevara CA4/2

I.

INTRODUCTION

Defendant and appellant Juan Guevara appeals the trial court’s postjudgment order 1 denying his petition for resentencing pursuant to Penal Code sections 1172.7 and

1 Unless otherwise indicated, all future statutory references are to the Penal Code.

1 1172.75. Counsel has filed a brief under the authority of People v. Delgadillo (2022)

Cal.5th 216 (Delgadillo), requesting this court to conduct an independent review of the

record. In addition, defendant has had an opportunity to file a supplemental brief with

this court and has not done so. Because defendant’s counsel filed a brief raising no issues

and defendant was notified that failure to timely file a supplemental brief may result in

the dismissal of the appeal as abandoned and was given an opportunity to file a personal

supplemental brief but failed to do so, we dismiss the appeal as abandoned.

II.

PROCEDURAL BACKGROUND

On June 21, 2016, a felony complaint was filed charging defendant with battery on

a correctional officer (§ 4501.5, subd. (a); count 1) and resisting arrest by means of

threats and violence (§ 69; count 2). The complaint further alleged that defendant had

suffered two prior…