People v. Brown CA3

Filed 3/12/25 P. v. Brown CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C100553

v. (Super. Ct. No. 97F04385)

MICHAEL BROWN III,

Defendant and Appellant.

Defendant Michael Brown III appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1172.6.1 Appointed counsel asked this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant was notified that he had 30 days to file a supplemental brief.

1 Undesignated statutory references are to the Penal Code. Defendant’s petition was filed under former section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) We will refer to the current section.

1

In his supplemental brief, defendant contends (1) his parole hearing statements should not have been considered; (2) because he was 19 years old at the time of the crimes, his youth should have been considered; and (3) he is entitled to resentencing because his conviction for attempted murder was based on the natural and probable consequences doctrine. Finding no merit in defendant’s contentions, we will affirm the trial court’s denial of the petition for resentencing. BACKGROUND In May 1997, a baptism celebration ended in a shooting when defendant and codefendants Matthew Peter Michel and John Franklin Taylor fired at R.S. and Crisanto Guerrero, seriously injuring R.S. and killing Guerrero.2 A jury convicted defendant of second degree murder (§ 187) and attempted murder (§§ 664/187) and found true allegations that defendant was a principal in the crimes and that a principal was armed with a firearm (§ 12022, subd. (a)). The trial court sentenced defendant to a determinate prison term of nine years and an indeterminate term of 15 years to life. Defendant filed a first section 1172.6 petition, which the trial court denied at the prima facie stage in February 2020. In July 2022, defendant filed a second petition and the trial court issued an order to show cause. The trial court received additional briefing from the parties, conducted an evidentiary hearing, and denied the second petition. Additional background is set forth in the discussion as relevant to the contentions on appeal. APPLICABLE LAW Effective January 1, 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), the Legislature amended the law “to ensure that murder liability is not