People v. Brooks CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 2014, a jury found defendant guilty of first degree burglary (Pen. Code, § 459; statutory section citations that follow are found in the Penal Code unless otherwise stated) and found true an allegation that another person, not an accomplice, was present

1 in the residence at the time of the burglary (§ 667.5, subd. (c)(21)). Defendant admitted two prior strike burglary convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) from 1985 and 2002, which also constituted serious felonies (§ 667, subd. (a)(1)). Defendant moved to strike the prior strike convictions and the trial court denied the motion. The trial court imposed a 25-years-to-life indeterminate sentence, plus a 10- year consecutive determinate sentence. Defendant appealed, and this court affirmed the judgment. (People v. Brooks (Dec. 29, 2015, C078875) [nonpub. opn.].) In August 2023, defendant filed a motion to modify his sentence, arguing section 667.5 was unconstitutionally vague under Johnson v. United States (2015) 576 U.S. 591. The trial court denied the motion, noting defendant had not been sentenced under the federal Armed Career Criminal Act, which was at issue in…