People v. Brown CA2/3

Filed 8/25/20 P. v. Brown CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B303246

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA038843-03 v.

BRANDON DOUGLAS BROWN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Salvatore Sirna, Judge. Affirmed.

Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

In 1998, a jury convicted defendant and appellant Brandon Douglas Brown of kidnapping for carjacking, robbery, and unlawful taking or driving of a vehicle.1 Brown was 15 when he committed the crimes. The trial court sentenced Brown to life with the possibility of parole on the kidnapping for carjacking count and to a concurrent three-year term on the robbery count; the court stayed Brown’s sentence on the Vehicle Code count. In September 2019, Brown filed in the superior court a document entitled “Petition To Vacate Conviction Pursuant to Penal Code § 1170.(a)(1) [sic]; Exhibits S.B. 1391.” The petition borders on the unintelligible. Brown refers to Senate Bill No. 1391 (SB 1391) and Senate Bill No. 620 (SB 620). There is no such statute as “Penal Code section 1170.(a)(1).” If Brown means to cite Penal Code section 1170, subdivision (a)(1),2 that section is an introductory statement of legislative intent concerning sentencing generally. (§ 1170, subd. (a)(1).)3