People v. Brissette CA2/4

Filed 1/30/26 P. v. Brissette CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B338984 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. KA062643)

v.

PHILLIP MAURICE BRISSETTE,

Defendant and Appellant.

APPEAL from postconviction orders of the Superior Court of Los Angeles County, Jacqueline Lewis and Robert Serna, Judges. Affirmed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Wyatt E. Bloomfield, Supervising Deputy Attorney General, and Charles Chung, Deputy Attorney General, for Plaintiff and Respondent.

Defendant Phillip Maurice Brissette appeals from orders following initial and subsequent Penal Code section 1172.75 resentencing hearings.1 He contends the resentencing court erred by reimposing his original, upper base-term sentence without applying changes to section 1170 that limit imposition of an upper term sentence. He also contends the court failed to calculate actual time credits at the subsequent resentencing hearing. We accept the Attorney General’s concession on the latter contention. The former contention is presently before the California Supreme Court. Pending the Court’s decision, we join the majority of courts that have considered the issue and uphold the resentencing court’s authority to reinstate an upper base- term sentence.

BACKGROUND Pursuant to a negotiated agreement, on May 27, 2004, defendant pleaded no contest to attempted murder (§§ 664/187, subd. (a)), admitted he personally and intentionally discharged a firearm during its commission (§ 12022.53, subd. (c)), and admitted suffering a prior prison term (former § 667.5, subd. (b); hereinafter former § 667.5(b)).2 The court accepted the plea, admissions, and stipulation to a factual basis. In accordance with the plea, the court sentenced defendant to the upper term of