People v. Brownlee CA5

INTRODUCTION

In 1980, appellant and defendant Terrence Brownlee1 (appellant) pleaded guilty to count 1, second degree murder (Pen. Code, § 187, subd. (a)),2 and count 2, robbery (§ 211), and admitted enhancements that he personally used a firearm, a handgun, in the commission of both offenses (§ 12022.7). He was sentenced to 15 years to life for murder plus a consecutive term of two years for the attached firearm enhancement. In 2019, after statutory amendments enacted by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437) became effective, appellant filed a petition with the trial court for resentencing pursuant to former section 1170.95. The court denied the motion. On appeal, appellant’s counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). In 2020, this court affirmed the denial of his petition. (People v. Terrence Brownlee (Jan. 23, 2020, F079638) [nonpub. opn.].) In 2022, appellant filed a second petition for resentencing in the trial court, and argued he stated a prima facie case for relief because of changes in the law and amendments to former section 1170.95 that became effective on January 1, 2022. The court denied the motion and…