People v. Brown CA2/6

Filed 9/24/25 P. v. Brown CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B340073 (Super. Ct. No. BA290213-01) Plaintiff and Respondent, (Los Angeles County)

v.

FREDERICO BROWN,

Defendant and Appellant.

Frederico Brown (also known as “Federico”) appeals the trial court’s order denying his petition for resentencing pursuant to Penal Code section 1172.75.1 We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief raising no issues and requesting that we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Appellant filed a supplemental brief raising no arguable issues. We affirm.

1 All further statutory references are to the Penal Code.

Procedural Background In May 2006, appellant pleaded guilty to multiple offenses, including second degree robbery (§ 211, counts 1 and 14) and felony false imprisonment by violence (§ 236, count 7). Appellant admitted various firearm enhancement allegations (§§ 12022.53, subd. (b), 12022.5, subd. (a)). He further admitted that he suffered a prior conviction pursuant to the “Three Strikes” law and that he had a one year prison prior pursuant to section 667.5, subdivision (b). The trial court sentenced appellant to an aggregate determinate term of 29 years in state prison.2 In February 2023, the trial court received notice from the California Department of Corrections and Rehabilitation that appellant’s sentence included an invalid prison prior. In August 2024, the trial court conducted a resentencing hearing, struck the prison prior, but did not otherwise modify appellant’s sentence. Appellant’s aggregate sentence was reduced to 28 years imprisonment. Discussion Where, as here, appointed counsel finds no arguable issues in an appeal from an order denying postconviction relief pursuant to section 1172.75, appellant is not entitled to our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, or its federal constitutional counterpart, Anders v. California (1967) 386 U.S. 738. (Delgadillo, supra, 14 Cal.5th at p. 226.) He is, however, entitled to appellate consideration of any contentions raised in his supplemental brief. (Id. at p. 232.)