People v. Brown CA2/4

Filed 12/19/14 P. v. Brown CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B254987

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA054784) v.

ROBERT LEE BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Wade Olson, Judge. Dismissed as Abandoned. Jonathan B. Steiner and Suzan E. Hier, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

The trial court denied appellant Robert Lee Brown’s “Petition for Modification of Sentence to Comply with Prison Population Reduction Order on Plata v. Brown.” (See Brown v. Plata (2011) ___ U.S. ___ [131 S. Ct. 1910]; Coleman v. Brown (E.D. Cal. 2013) 952 F.Supp.2d 901.) Brown timely appealed. His court-appointed counsel has filed an opening brief raising no issues. (See People v. Wende (1979) 25 Cal.3d 436, 441 (Wende).) Following People v. Serrano (2012) 211 Cal.App.4th 496, 503, review den. Mar. 13, 2013 (Serrano), we conclude that “[w]here a defendant has been afforded all the constitutional protections of a first appeal of right, including the right to Wende review where appropriate, . . . he is not entitled to Anders [v. California (1967) 386 U.S. 738]/Wende procedures, including collateral attacks on the judgment.” Accordingly, as counsel’s submission complies with the requirements set forth in Serrano and Brown has not filed a supplemental brief with this court, we dismiss the appeal as abandoned.

FACTUAL AND PROCEDURAL BACKGROUND On December 12, 2001, the District Attorney of the County of Los Angeles filed an information alleging that Brown used a knife to assault a public transit passenger on or about November 10, 2001. The information charged Brown with one count of assault with a deadly weapon on a transportation passenger (Pen. Code, § 245.21). The information further alleged that Brown suffered three prior convictions pursuant to sections 667, subdivisions (a)(1) and (b)-(i), and 1170.12, subdivisions (a)-(d), and four prior convictions pursuant to section 667.5, subdivision (b). Brown pleaded guilty to the assault count (§ 245.2) on January 15, 2002. Brown also admitted one prior “strike” conviction (§ 1170.12, subds. (a)-(d)) and three other prior convictions. (§ 667, subd. (a)). The trial court sentenced Brown to a low term of three years on the assault count, as well as an additional three years pursuant to section 1170.12, subdivisions (a)-(d). The court added an additional five years for each of the