People v. Brandon CA2/3

Filed 9/9/25 P. v. Brandon CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B338568

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA212407) v.

SHERMAN BRANDON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Garcia, Judge. Affirmed. Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Sherman Brandon appeals from an order denying his petition for recall and resentencing under Penal Code1 section 1170, subdivision (d). Brandon’s appellate counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436, asking us to review the record independently. In 2001, an information charged Brandon with, among other crimes, murder and attempted murder. That same year, a jury convicted Brandon of second degree murder (§ 187, subd. (a); count 1) and of attempted premeditated murder (§§ 664, 187, subd. (a); count 4). In 2002, a court sentenced Brandon to 15 years to life on count 1 and to a consecutive life term on count 4. Brandon was 17 years old when he committed the crimes in 1999. In August 2023, Brandon petitioned for recall and resentencing under section 1170, subdivision (d). Section 1170, subdivision (d), authorizes juvenile offenders sentenced to life without parole to petition for recall and resentencing. The People opposed the petition on the ground that Brandon was not sentenced to life without parole. On April 30, 2024, the trial court denied Brandon’s petition, finding that his sentence was not the equivalent to life without parole. This appeal followed. Court-appointed appellate counsel filed an opening brief that raised no issues and asked this court to independently review the record under People v. Wende, supra, 25 Cal.3d 436. We directed appellant’s counsel to send Brandon the record and a copy of the opening brief, and we advised that