People v. Brown CA2/1

Filed 10/31/25 P. v. Brown CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B343223

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA260644) v.

LEON MCDONALD BROWN III,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, George G. Lomeli, Judge. Dismissed. Keilana Truong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Leon McDonald Brown III appeals from an order denying his request to recall his sentence pursuant to Penal Code section 1171.1 Brown’s appointed appellate counsel filed an amended brief identifying no issue and requesting this court follow the procedures in People v. Delgadillo (2022) 14 Cal.5th 216.2 Brown filed a supplemental brief requesting full resentencing pursuant to section 1172.1 (not section 1171). Because the order denying Brown’s petition for resentencing is not appealable, we dismiss his appeal.

BACKGROUND “In 2007, jurors convicted Brown of two counts of first degree murder, two counts of willful, deliberate, and premediated attempted murder, mayhem, attempted second degree robbery, and shooting at an occupied motor vehicle. [Citation.] Jurors also found true the following three special circumstances with respect to both murders: (1) Brown ‘intentionally killed the victim’ while he was an active participant in a criminal street gang (Pen. Code, § 190.2, subd. (a)(22)); (2) Brown was convicted of multiple murders (id., subd. (a)(3)); and (3) the murders were committed while Brown was engaged in, or an accomplice was engaged in a robbery (id., subd. (a)(17)). The jury found that all of the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific