People v. Brooks CA5

Filed 7/11/25 P. v. Brooks 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F089638 Plaintiff and Respondent, (Super. Ct. No. 17FE010678) v.

ARTHUR BROOKS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Sacramento County. Donald J. Currier, Judge. Michele A. Douglass, 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., Franson, J. and Meehan, J.

INTRODUCTION In 2018, appellant and defendant Arthur Brooks (appellant) was sentenced to an aggregate term of 16 years in state prison, which included two years for two prior prison term enhancements (Pen. Code,1 § 667.5, subd. (b)). In 2024, the trial court recalled his sentence pursuant to section 1172.75, dismissed the two years previously imposed for the prior prison term enhancements, and resentenced him to 14 years. On appeal after resentencing, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm. PROCEDURAL BACKGROUND On November 9, 2017, appellant was convicted after a jury trial in the Superior Court of Sacramento County of count 1, assault with a deadly weapon (§ 245, subd. (a)(1)), and count 2, infliction of corporal injury resulting in a traumatic condition on the mother of his children (§ 273.5, subd. (a)), with an enhancement that he personally used a deadly and dangerous weapon, a jagged-ended broom handle (§ 12022, subd. (b)(1)). The trial court found appellant had one prior strike conviction (§§ 667, subd. (d), 1170.12, subd. (b)), one prior serious felony conviction enhancement (§ 667, subd. (a)) and two prior prison term enhancements (§ 667.5, subd. (b)).2 On January 5, 2018, the trial court imposed an aggregate sentence of 16 years based on the upper term of four years for count 2, doubled to eight years as the second strike term, with consecutive terms of one year for the deadly weapon enhancement, five years for the prior serious felony enhancement, and two years for the