People v. Brissette CA2/4

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,…