People v. Brooks
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In 2007, Brooks was charged with 21 counts of robbery, with most counts carrying an enhancement for personal use of a firearm. He pled no contest to three counts of second-degree robbery, with the accompanying firearm use allegations, in exchange for a stipulated prison term of 19 years eight months. At the sentencing hearing, no testimony was taken or evidence introduced of his military service or substance abuse issues. The court imposed the agreed sentence. In 2019, Brooks filed a petition to recall his sentence pursuant to Penal Code section 1170.91(b)(1). Brooks alleged that he was a member of the U.S. military, he developed a substance abuse problem as a result of such service, he was sentenced before 2015, and neither his military service nor his substance abuse was considered as mitigation during his sentencing hearing.
The court of appeal affirmed the summary denial of relief. In his plea bargain, Brooks agreed to a stipulated term, so the court had no power to resentence him. The court noted that Brooks’s military service and his drug use were known to the sentencing court, that Brooks never requested those facts be considered in mitigation, and that there was no proof his drug use was caused by his military service.
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