People v. Brown CA2/2

Filed 9/22/21 P. v. Brown CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B308518

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA061229) v.

CORNELL COOPER BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed.

Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Cornell Cooper Brown (defendant) appeals from the judgment entered upon resentencing after one of his prior convictions was reduced to an infraction. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. After defendant was notified of his counsel’s brief he filed his own supplemental brief, claiming that the trial court imposed the upper term to his first degree burglary conviction in violation of his right to a jury trial as to the facts justifying the high term under the principles enunciated by the United States Supreme Court in Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi) and its progeny (the “Apprendi rule”). We have reviewed defendant’s supplemental brief and the record and find no violation of the Apprendi rule. Accordingly, we affirm the judgment.

BACKGROUND In 2014, a jury convicted defendant of first degree burglary (count 10; Pen. Code, § 4591), misdemeanor receiving stolen property (count 11; § 496, subd. (a)), three counts of forgery (counts 12, 13, & 14; § 476), grand theft (count 24; § 487, subd. (a)), unlawful possession of ammunition (count 26; § 30305, subd. (a)(1)), and unlawful taking of a vehicle with a prior conviction (count 27; § 666.5). Defendant admitted two prior serious felony convictions, a violation of section 422 and a violation of Health and Safety Code section 11360, subdivision (a), as alleged under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(j), 1170.12), and section 667, subdivision (a)(1), the five-year recidivist enhancement. Defendant also admitted that he had