People v. Brown CA2/4

Filed 8/26/24 P. v. Brown CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B329893 Plaintiff and Respondent, v. (Los Angeles County Super. Ct. No. PA031009)

ANDRES MANNER BROWN, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Terrell, Judge. Affirmed. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Andres Brown appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and appellant filed a supplemental brief. We review the contentions appellant raises in his supplemental brief and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND The underlying facts are discussed in detail in this court’s prior nonpublished opinion, People v. Brown (Mar. 20, 2001, B141167) (Brown I). We briefly discuss them here to provide context for the trial court’s ruling. We otherwise do not rely on this factual background in resolving the issues presented in this appeal. (See § 1172.6, subd. (d)(3).) On December 18, 1997, appellant shot Keith Wilcher in the head during an altercation; appellant’s gun went off while he was striking Wilcher with it. Wilcher was comatose for eight months and ultimately died. Appellant was arrested in April 1998 and admitted shooting Wilcher. (Brown I, supra.) An information charged appellant with murder (§ 187, subd. (a)(1)) and possession of a firearm by a felon (former § 12021, subd. (a)(1)). It further alleged that appellant personally used a firearm during the commission of the murder (§§ 1203.06, subd. (a)(1); 12022.5, subd. (a)(1)), and that he previously suffered a strike conviction (§§ 667, subds. (b)-(i); 1170.12, subs. (a)-(d)). Appellant pled not guilty and proceeded to jury trial. The jury found appellant guilty of second degree murder and possession of a firearm by a felon. It also found true the personal use firearm enhancement and prior conviction allegation. The trial court sentenced appellant to 40 years to life. We affirmed appellant’s convictions on direct appeal. (Brown I, supra.)