California Supreme Court

People v. Delgadillo

February 16, 2023

Summary

The court held that constitutionally mandated no-merit-appeal procedures do not apply to an appeal from the denial of a section 1172.6 postconviction petition because the defendant has no constitutional right to counsel in that collateral proceeding. It nevertheless exercised supervisory authority to require notice of counsel's no-issue determination and an opportunity for a supplemental filing, while permitting dismissal as abandoned if none is timely filed. Although the notice given to Delgadillo was suboptimal, the court independently reviewed the record and concluded he was ineligible for relief because he was the actual killer and sole participant.