In re Brown
Annotate this CaseThe State appealed a trial court's orders granting respondent Brandon Brown’s (defendant) petition for writ of habeas corpus, vacating his sentence, and resentencing him to 16 years eight months in prison, which was eight years shorter than his original sentence. The trial court granted his writ petition because his strike for carjacking as a juvenile did not qualify as a strike under Welfare and Institutions Code section 707(b) and Penal Code section 667(d)(3). The trial court also concluded that defendant’s trial counsel provided ineffective assistance of counsel (IAC) by not objecting to the strike during sentencing. The State contended on appeal that the trial court erred in granting defendant’s writ petition because: (1) defendant’s juvenile carjacking adjudication qualified as a strike under the 2006 law; (2) the trial court erred in applying California v. Gallardo, 4 Cal.5th 120 (2017), retroactively; (3) the trial court exceeded its jurisdiction by vacating the carjacking strike entered in Los Angeles (case No. VA 076709) and Orange County (case No. 03NF1824) cases; (4) defendant’s trial counsel was not ineffective, because the record of conviction established defendant’s carjacking adjudication qualified as a strike; and (5) defendant’s delay in filing his writ petition prejudiced the People’s ability to oppose it. The Court of Appeal determined the trial court did not err in applying Gallardo retroactively and granting defendant’s writ petition on the ground defendant’s juvenile carjacking adjudication did not qualify as a strike. Therefore, the Court concluded it did not need to address the State's additional IAC challenge. Furthermore, the Court rejected the State’s other objections and affirmed the writ petition order and judgment.
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