People v. Brooks CA5

INTRODUCTION

In 2018, appellant and defendant Arthur Brooks (appellant) was sentenced to an aggregate term of 16 years in state prison, which included two years for two prior prison term enhancements (Pen. Code,1 § 667.5, subd. (b)). In 2024, the trial court recalled his sentence pursuant to section 1172.75, dismissed the two years previously imposed for the prior prison term enhancements, and resentenced him to 14 years. On appeal after resentencing, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm.

PROCEDURAL BACKGROUND

On November 9, 2017, appellant was convicted after a jury trial in the Superior Court of Sacramento County of count 1, assault with a deadly weapon (§ 245, subd. (a)(1)), and count 2, infliction of corporal injury resulting in a traumatic condition on the mother of his children (§ 273.5, subd. (a)), with an enhancement that he personally used a deadly and dangerous weapon, a jagged-ended broom handle (§ 12022, subd. (b)(1)). The trial…