People v. Brown CA4/2

I.

INTRODUCTION

In January 2016, defendant and appellant Jermaine Brown pled guilty to attempted

second degree robbery (Pen. Code,1 §§ 664/211). He also admitted that he had

personally used a firearm (§ 12022.53, subd. (b)) in the commission of the offense and

that he committed the offense for the benefit of a criminal street gang (§ 186.22,

subd. (b)(1)(C)). Defendant also admitted he had suffered one prior strike conviction

(§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Pursuant to the negotiated plea

agreement, defendant was immediately sentenced to a total term 24 years in state prison.

In April 2024, defendant in pro per filed a request for recall of sentence and

resentencing pursuant to Assembly Bill No. 600 (2023-2024 Reg. Sess.) (Stats. 2023,

ch. 446) and section 1172.1. In February 2025, defendant’s appointed counsel filed a

petition for relief pursuant to sections 186.22, 1385, 1172.1, Assembly Bill Nos. 333

(2021-2022 Reg. Sess.) (Stats. 2021, ch. 699) and 600, Senate Bill No. 81, and People v.

Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). In May 2025, the trial court

summarily denied defendant’s request for recall and resentencing pursuant…