People v. Brooks CA2/8

FACTS

The Crimes Early in the afternoon of December 30, 2013, Los Angeles County Sheriff’s Department (LASD) Deputies Tony Franklin and Eddie Retamoza were on patrol in full uniform in a marked police vehicle when they noticed a van in the parking lot of the Compton Fashion Center mall with its driver’s side door open. Two black males were by the van, one –– later identified as Brooks –– standing next to the open driver’s side door of the van and the other –– later identified as Marvin Randolph –– standing near the rear of van. As the deputies drove closer to the van, Randolph started to walk away from the scene.

1 All further undesignated section references are to the Penal Code. 2 Sentence was calculated as follows: As to count 1, the upper term of six years, doubled to 12 years for one prior strike, plus a consecutive term of one-third the midterm or one year, four months on count 2, doubled for one prior strike, for an additional two years, eight months. The court further imposed two 5-year terms for the two prior serious felony convictions, for an additional 10 years. The term on count 2 is an illegal sentence. The midterm for a conviction of section 67 is three years, so…