People v. Brown CA2/5

Filed 6/16/23 P. v. Brown CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B317284

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A392650) v.

RODNEY E. BROWN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig E. Veals, Judge. Reversed and remanded with directions. Corey J. Robins, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Daniel C. Chang and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Rodney E. Brown appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6.1 The Attorney General concedes the trial court erred. We reverse and remand with directions.

II. BACKGROUND

A. Conviction

On October 6, 1983, the Los Angeles County District Attorney filed an information charging defendant and two codefendants with two counts of murder (§ 187). On January 3, 1986, defendant pled guilty to count one, namely, the second degree murder of Kenneth Johnson. During the change of plea hearing, the prosecutor proffered that this case involved a May 22, 1983, shooting between two rival gangs. The prosecutor further explained that he was unable to determine, based on the forensic evidence, “who actually performed the killing act . . . .”