People v. Brownlee CA5

Filed 8/9/21 P. v. Brownlee CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080760 Plaintiff and Respondent, (Fresno Super. Ct. No. CF80257140) v.

TERRENCE BROWNLEE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Arlan L. Harrell, Judge. Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Meehan, J. and De Santos, J.

INTRODUCTION Appellant and defendant Terrence Brownlee1 pleaded guilty to second degree murder in 1980 and was sentenced to 15 years to life in state prison. In this case, he filed an appeal from the superior court’s denial of his motion to vacate his conviction, based on the alleged application of Penal Code2 section 1016.8 to his case. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Appellant has filed a letter brief. We affirm. FACTS3 On the evening of April 7, 1980, appellant was driving around Fresno with Timothy Taylor, Richard Byrd, and Darrell Green, and they decided to commit a robbery to get some money. Green had a .22-caliber sawed-off rifle, and Byrd had a .357-caliber Magnum handgun. Taylor had trouble with his car and parked on North Parkway Drive. Taylor suggested they rob the nearby Motel Fresno, and they walked there. However, there were too many people near the motel’s office, so they walked next door to the Fremor Motel. Taylor looked through a motel room window and saw a woman and two men inside. Taylor told his accomplices and armed himself with Byrd’s handgun. Either appellant or Taylor knocked on the motel room’s door. Shirley Brown opened the door, and appellant and his accomplices forced their way into the room. Taylor and Byrd tied

1 In the record, defendant’s first name has various spellings. However, in documents filed in pro. per., defendant spells his name “Terrence.” Accordingly, we will do the same. 2 All further statutory citations are to the Penal Code unless otherwise indicated. 3 The following facts are from the preliminary hearing transcript, as summarized in the probation report.