Fear Not Law Articles: P. v. Brown

P. v. Brown

Filed 2/22/07 P. v. Brown CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

BRADLEY KISU BROWN,

Defendant and Appellant.

B187952

(Los Angeles County

Super. Ct. No. LA049911)

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard Kirschner, Judge. Affirmed as modified and remanded with directions.

Linda Casey Mackey, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

_______________________________________

Bradley Kisu Brown was convicted of assault with a deadly weapon, with true findings on allegations that he had served two prior prison terms. (Pen. Code, §§ 245, subd. (a)(1), 667.5, subd. (b).)[1] Brown was sentenced to state prison for a term of five years (upper term of four years plus one year for one prior prison term). He appeals, claiming (I) the trial court should have granted his request for a continuance so that he could retain private counsel, and (II) his upper term sentence must be vacated. We agree that the upper term sentence must be vacated (Cunningham v. California (2007) ___ U.S. ___ [127 S.Ct. 856]) but otherwise reject Brown's claim of error, modify the judgment, affirm as modified, and remand with directions to enter a corrected abstract of judgment.

FACTS

Brown gave a â€

Description	Defendant was convicted of assault with a deadly weapon, with true findings on allegations that he had served two prior prison terms. (Pen. Code, SS 245, subd. (a)(1), 667.5, subd. (b).) Defendant was sentenced to state prison for a term of five years (upper term of four years plus one year for one prior prison term). He appeals, claiming (I) the trial court should have granted his request for a continuance so that he could retain private counsel, and (II) his upper term sentence must be vacated. We agree that the upper term sentence must be vacated (Cunningham v. California (2007) ___ U.S. ___ [127 S.Ct. 856]) but otherwise reject Brown's claim of error, modify the judgment, affirm as modified, and remand with directions to enter a corrected abstract of judgment.
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