People v. Brissette CA2/4

Filed 7/11/24 P. v. Brissette CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B329579

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A532808) v.

THOMAS F. BRISSETTE,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Christian R. Gullon, Judge. Affirmed. Patricia S. Lai, under appointment by the Court of Appeal, and Thomas F. Brissette, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION In 1985, defendant Thomas Brissette pled guilty to second degree murder. He also admitted to personally using a firearm during the commission of the murder and a prior serious felony conviction. In 2022, Brissette filed a petition for resentencing of his conviction pursuant to Penal Code section 1170.95 (1172.6).1 The trial court denied the petition after an evidentiary hearing, finding beyond a reasonable doubt that Brissette was guilty of second degree murder under the current law as the actual perpetrator. On appeal, appellate counsel filed a brief that summarized the procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. Brissette submitted his own letter brief. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND In 1985, Brissette pled guilty to second degree murder (§ 187) and admitted to personally using a firearm during the commission of the murder (§ 12022.5). He also admitted to a prior serious felony conviction (§ 667, subd. (a)(1)). The trial court sentenced Brissette to 22 years to life in state prison. On June 29, 2022, Brissette filed a petition for resentencing. On November 4, 2022, the People conceded Brissette made a prima facie showing due to the inability “to locate documents from the record of conviction that