Bernard Brown, Jr. v. Marcus Pollard

I. Background

Petitioner is in custody following a December 2018 conviction in the Los Angeles Superior Court on four counts of first degree residential burglary and one count of driving or taking a vehicle without the owner’s consent. (/d. at 2.) The jury found true an allegation that another person other than an accomplice was present in the residence during one burglary, and Petitioner admitted one prior conviction for driving or taking a vehicle without consent. People v. Brown, No. B295442, 2020 WL 4931420, at * (Cal. Ct. App. Aug. 24, 2020). Petitioner also admitted two prior convictions that qualified as “strikes” under California’s three strikes law, as well as prior serious felony convictions for purposes of another statutory enhancement. Jd. On January 23, 2019, the trial court sentenced Petitioner to a term of 64 years to life in state prison. Jd. On direct appeal, Petitioner raised the following claims: (1) his convictions on counts 4 and for first degree residential burglary should be reduced to second degree burglary; (2) state law prohibited separate punishments for counts 1, 4 and (all residential first degree burglary charges); (3) trial…