People v. Brown CA2/1

Filed 1/21/16 P. v. Brown CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262910

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. MA065145, v. MA065172)

ORION DILLON BROWN,

Defendant and Appellant.

APPEAL from judgments of the Superior Court of Los Angeles County, Charles A. Chung, Judge. Affirmed. Thomas K. Macomber, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record, we affirm the judgments. We provide the following brief summation of the factual and procedural history of the case. (People v. Kelly (2006) 40 Cal.4th 106, 110, 124 (Kelly).) In case No. MA065145, a 15-count complaint charged Orion Dillon Brown (Brown) with various drug and firearm offenses that occurred on December 11, 2014, and January 8, 2015. For the latter date, it was alleged the crimes occurred while Brown was released from custody on bail or own recognizance. For December 11, 2014, Brown was charged with possession of heroin and methamphetamine for purposes of sale (counts 1 and 2, respectively). He was also charged with possession of ammunition (count 7), possession of heroin with a firearm (count 8), and as a felon in possession of a firearm (counts 3-6). For January 8, 2015, Brown was again charged with the same: possession of heroin and methamphetamine for purposes of sale (counts 13 and 12, respectively), possession of ammunition (count 15), possession of heroin with a firearm (count 9), and as a felon in possession of a firearm (count 14). He was further charged with selling, transporting, and offering to sell heroin and methamphetamine (counts 10 and 11, respectively). For both dates, it was further alleged that Brown was personally armed with a firearm for counts 1, 2, 10, and 11, and that Brown suffered a prior offense within the meaning of Health and Safety Code section 11370.2, subdivision (a), for counts 1, 2, 10-13. In case No. MA065172, a two-count complaint charged Brown with residential burglary and drug possession that occurred on two separate dates: Specifically, around January 14-16, 2015, Brown committed residential burglary (count 1) and while Brown was out on bail or own recognizance. On January 20, 2015, Brown possessed cocaine for purposes of sale (count 2) and suffered a prior offense within the meaning of Health and Safety Code section 11370.2, subdivision (a). Brown pleaded no contest as to various counts in both cases and admitted various allegations. The trial court sentenced Brown to 20 years in state prison.