The People v. Luu CA6

facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 110.) Further, we will include information about aspects of the trial court proceedings that might become relevant in future proceedings. (Id. at p. 112.) Pursuant to Kelly, we will consider defendant’s letter brief and will explain why we reject his contentions. (Id. at p. 113.)

FACTUAL AND PROCEDURAL BACKGROUND

Since defendant pleaded guilty to the underlying offenses, the facts of the case are taken from a summary provided in defendant’s probation report. On January 27, 2003, officers responded to a home invasion. Officers learned that defendant and three other individuals entered into the victim’s home. The homeowner was not present, but his wife and 14-year-old son were. Defendant and his accomplices tied the wife and son with duct tape and threatened them with swords. Defendant and his accomplices took approximately $30,000 in jewelry and $7,000 in cash. On February 11, 2003, the district attorney filed a first amended complaint charging defendant with two counts of robbery in the first degree (Pen. Code, §§ 211, 212.5,…