People v. Lee CA4/3

Filed 1/16/25 P. v. Lee CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063125

v. (Super. Ct. No. 12WF1633)

BRIAN AARON LEE, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal and Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent.

In 2014, defendant Brian Aaron Lee pled guilty to one count of robbery, admitted the truth of a firearm enhancement, and also admitted to having several prior robbery convictions. He was sentenced to 20 years in prison. In 2021, the Secretary (the Secretary) for the Department of Corrections and Rehabilitation (the Department) recommended that Lee’s sentence be recalled and that he be resentenced. Lee subsequently filed a motion for recall and resentencing under Penal Code section 1172.1, subdivision (a)(1).1 The trial court denied the motion, finding Lee posed an unreasonable risk of danger to public safety. Lee appeals, arguing the court abused its discretion by failing to consider certain factors prior to denying his motion. We find no abuse of discretion and affirm the order. FACTS AND PROCEDURAL HISTORY In 2012, Lee committed an armed robbery of a jewelry store. Lee and an accomplice entered the store while the 72-year-old victim was working. They pretended to be customers and asked the victim where the store’s diamonds were located. One of the perpetrators then grabbed the victim, pointed a gun at her, and said, “‘This is a robbery. Don’t scream.’” The other man bear hugged the victim from behind, dragged her to the rear of the store, and told her to lie down. Lee and the accomplice then used duct tape to cover the victim’s eyes and mouth and to bind her wrists and ankles. After she had been bound, the victim “heard one of the suspects say, ‘Take her purse so we know where she lives.’” The perpetrators then stole about $500,000 in jewelry. After they left, the victim was able to remove some of the tape, activate the store’s silent alarm, and call 911. Lee and the accomplice were later arrested for the robbery.