People v. Brazier CA4/2

BACKGROUND

In 2011, a jury convicted defendant of premeditated and deliberate attempted first

degree murder (§§ 664/187, subd. (a)) and making criminal threats (§ 422). It also found

true that he personally used a deadly and dangerous weapon (a knife) in the commission

of those crimes (§§ 12022, subd. (b)(1) & 1192.7, subd. (c)(23)). The court sentenced

him to a prison term of 14 years to life for the attempted murder conviction, imposed and

stayed pursuant to section 654 a mid-term sentence of four years for the criminal threats,

and imposed a total of six years on account of a strike prior and the enhancement for use

of a deadly weapon. Defendant appealed and we affirmed the judgment. (People v.

Brazier (May 29, 2013, E055582) [nonpub. opn.].)

Defendant filed a section 1172.6 petition for resentencing in October 2022. The

court appointed counsel for defendant and set the matter for a prima facie hearing.

Counsel filed a brief setting forth arguments intended to establish a prima facie showing

of defendant’s entitlement to section 1172.6 resentencing relief.

Defendant’s petition was filed pursuant to section 1170.95. That provision was renumbered as section…