In re Brownlee

Filed 6/16/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

In re F077663

TERRENCE BROWNLEE (Fresno Super. Ct. No. F80257140-4)

on Habeas Corpus.

ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Terrence Brownlee, in pro. per.; Heather MacKay, under appointment by the Court of Appeal, for Petitioner. Xavier Becerra, Attorney General, Phillip J. Lindsay, Senior Assistant Attorney General, Jessica N. Blonien, Andrew R. Woodrow, Maria G. Chan and Pamela Hooley, Deputy Attorneys General, for Respondent. -ooOoo- Terrence Brownlee is a state prison inmate. In 1980, he was sentenced by plea to serve 17 years to life in state prison for second degree murder committed with a firearm. He was 19 years old and remains imprisoned. Brownlee petitioned this court for relief raising various claims. This court first ordered an informal response on a single ground: “Is petitioner entitled to a youth offender parole hearing; does the fact that petitioner has been denied parole on previous occasions, and the fact that his next parole hearing is set for August 2020, satisfy the mandate of Penal Code sections 3051, 3052 and 4801 since section 4801, subdivision (c) requires that when considering the suitability of a qualified youth offender for parole, the hearing panel ‘shall give great weight to the diminished culpability of youth as compared

to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner in accordance with relevant case law.’ (Pen. Code, § 4801, subd. (c).)” After considering the informal response, we issued an order to show cause why Brownlee is not entitled to relief.1 Thereafter, the Attorney General, on behalf of respondent, filed a return.2 Counsel appointed to represent Brownlee filed a reply.3 We conclude Brownlee is not entitled to relief, discharge the order to show cause, and deny the petition.4 BACKGROUND In 1980, Brownlee was sentenced to serve 17 years to life in prison for second degree murder with a firearm enhancement. He was 19 years old. Ten years later he received his first parole hearing. He received his most recent parole hearing in 2010. His next scheduled parole hearing is in August 2020.5

1 “A court issues an order to show cause in a habeas corpus matter only when the petitioner has stated a prima facie case for relief on one or more claims. The order, and the new cause thereby created, is limited to that specific claim or claims ….” (People v. Superior Court (Pearson) (2010) 48 Cal.4th 564, 572.) 2 “The return … ‘becomes the principal pleading’ [citation] and is ‘analogous to the complaint in a civil proceeding.’ ” (People v. Romero (1994) 8 Cal.4th 728, 738-739 (Romero).) 3 Thereply or “traverse is analogous to the answer in a civil proceeding.” (Romero, supra, 8 Cal.4th at p. 739.) 4 We address only the youth offender parole hearing claim. Brownlee’s other claims, in varying format, have been previously presented and rejected numerous times in this court. “It has long been the rule that absent a change in the applicable law or the facts, the court will not consider repeated applications for habeas corpus presenting claims previously rejected.” (In re Clark (1993) 5 Cal.4th 750, 767.) 5At oral argument, the Deputy Attorney General explained Brownlee’s next parole hearing is in fact set for July 16, 2020.