Opinion
2d Crim. No. B299719
02-18-2020
THE PEOPLE, Plaintiff and Respondent, v. BRANDON SCOTT ELLIS, Defendant and Appellant.
Jolene Larimore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 2015040045)
(Ventura County)
Brandon Scott Ellis appeals the judgment entered after he pleaded guilty to second degree murder (Pen. Code, §§ 187, 189, subd. (b)) and attempted willful, deliberate and premeditated murder (§§ 187, 189, subd. (a), 664). Appellant also admitted allegations that in committing the offenses he personally and intentionally discharged a firearm causing great bodily injury or death to a person other than an accomplice. The trial court sentenced him to a total term of 72 years to life in state prison, consisting of 15 years to life for the murder and 25 years to life for the attendant firearm enhancement, plus 7 years to life for the attempted murder and 25 years to life for the firearm enhancement. Appellant was also ordered to pay $33,042.74 in victim restitution.
All statutory references are to the Penal Code unless otherwise stated. --------
In 2013, appellant began dating Alexa Payne and the two subsequently had a child together. Appellant was physically and emotionally abusive toward Payne throughout the relationship, which Payne ended in November 2015. Shortly thereafter, Payne entered a relationship with Christopher Blasher, who lived with his father, victim Douglas Blasher, in a condominium in Ventura. On December 17, 2015, appellant entered the condominium, encountered Douglas Blasher at the top of the stairs, and shot him in the forehead with a handgun. Appellant then entered an upstairs bedroom, saw Payne lying on a bed, and shot her nine times as their young daughter stood next to her. Payne survived but Douglas Blasher did not. Appellant was apprehended a few days later in Mexico.
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, she filed an opening brief in which no issues were raised. On October 28, 2019, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J. We concur:
GILBERT, P. J.
TANGEMAN, J.
Anthony Sabo, Judge
Superior Court County of Ventura
Jolene Larimore, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.