People v. Norris CA5

Filed 9/25/24 P. v. Norris CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F087045 Plaintiff and Respondent, (Super. Ct. No. 06CM0787HTA) v.

BRITTNEY JANNA NORRIS, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kings County. Valerie R. Chrissakis, Judge. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Peña, J. and Meehan, J.

Appellate counsel for defendant Brittney Janna Norris has filed an opening brief summarizing the pertinent facts and raising no issues but asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes a declaration from appellate counsel stating defendant was advised of her right to file a brief of her own with this court. By letter dated July 1, 2024, we also invited defendant to submit additional briefing. Defendant has not filed a response. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following our Supreme Court’s direction in Kelly, we provide a brief description of the facts and the procedural history of the case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL SUMMARY An information filed on May 26, 2006, charged defendant with two counts of murder (Pen. Code,1 § 187, subd. (a)). Both counts in the information also alleged defendant discharged a firearm causing death (§ 12022.53, subd. (d)), personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and personally used a firearm (§§ 12022.5, subd. (a)(1) & 12022.53, subd. (b)). Finally, the information alleged counts 1 and 2 involved special circumstances within the meaning of section 190.2, subdivision (a)(3). On June 9, 2006, defendant pled guilty to both counts and admitted the crimes were committed with premeditation and deliberation. Defendant also admitted at this time that, as to count 1, she personally used a firearm within the meaning of section 12022.5, subdivision (a)(1). On July 24, 2006, consistent with the plea agreement, the trial court sentenced defendant to 25 years to life on count 1 and added a consecutive term of 10 years for the