People v. Russell CA2/7

── People v. Russell CA2/7 ── Court: California Court of Appeal Date: April 23, 2026 Category: General Filed 4/23/26 P. v. Russell CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, B345716 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA052902) v. COREY THEODORE RUSSELL, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Affirmed. Corey Theodore Russell, in pro. per.; William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________  Corey Theodore Russell appeals from a postjudgment order following a Franklin1 proceeding at which the superior court accepted a mitigation packet regarding Russell and ordered the packet forwarded to the California Department of Corrections and Rehabilitation (CDCR) for a future youth offender parole hearing. We appointed counsel to represent Russell on appeal. After reviewing the record counsel for Russell filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 that did not identify any arguable issues. Russell filed a supplemental brief arguing he was entitled to resentencing. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A. Russell’s Conviction of Second Degree Murder We described the factual background of this case in Russell’s direct appeal. (See People v. Russell (July 20, 2005, B172100) [nonpub. opn.].) On September 4, 2002, Samuel Briggs was having a family birthday party in Los Angeles. Russell, who was 21 years old at the time, arrived at the party and became involved in an argument with another partygoer. The two argued loudly, and after a few minutes Russell announced he was “going home to get his shit,” which bystanders understood to mean that Russell was going home to get a weapon. Russell rode away on his bicycle. Approximately 10 minutes later Russell returned to the party. Several party attendees spoke with Russell outside to ensure that there would be no problems and invited Russell back into the party. After Russell responded, “Everything [is] cool,” and the others turned to return to the party, Russell began firing 1 People v. Franklin (2016) 63 Cal.4th 261. 2 a gun. A bullet hit Briggs in the back, killing him. Russell fled to his nearby home, where he hid in the attic until the police apprehended him. A jury convicted Russell of second degree murder (Pen. Code, § 187, subd. (a))2 and found true the allegation that he personally and intentionally discharged a firearm, causing death. (§ 12022.53, subd. (d)). The trial court sentenced Russell to 15 years to life for the murder and 25 years to life for the firearm enhancement, for a total sentence of 40 years to life in prison. This court affirmed the judgment in a 2005 unpublished decision. (People v. Russell, supra, B172100.) B. The Superior Court Holds a Franklin Proceeding Because Russell was 21 years old when he committed the murder, and given his particular sentence, he is eligible for release on parole at a youth offender parole hearing during his 25th year of incarceration. (See § 3501, subds. (a)(1)(B), (b)(3).) It appears he will be eligible for such a hearing in 2027. On December 1, 2023 Russell filed a motion to augment the record to include mitigating e