People v. Labon CA2/2

Filed 12/12/24 P. v. Labon CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B336089

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA072347) v.

GARY DEVAUGHN LABON,

Defendant and Appellant.

THE COURT:

Gary Devaughn Labon (defendant) appeals from the order of the trial court denying his petition for resentencing under Penal Code1 section 1172.6 (former section 1170.95).2

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10).

Defendant’s attorney filed a brief raising no issues and asked this court to independently review the record. Defendant submitted a supplemental brief on his own behalf. Under the standard articulated in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we decline counsel’s invitation to undertake an independent review of the record. Instead, we evaluate the arguments defendant raises in his letter brief. (Id. at pp. 231- 232.) Finding none of his arguments meritorious, we affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Facts3 A. The underlying crime In the early morning hours of September 18, 2009, defendant was detained by police officers who were responding to a 9-1-1 call that reported “[a] man dragging a body” across a front lawn. Defendant’s pants were undone, and his genitalia were exposed. The victim, a 69-year-old lady, was discovered farther down the street. She was lying on her back, had no pants on, was “completely unresponsive” and looked “gruesome.” Specifically, she had severe bleeding in her brain, her left eye was filled with blood, the left side of her face was filled with air because of the trauma she suffered, and she had multiple shattered bones in her face. The victim’s DNA matched blood and semen samples taken from defendant and his clothing. Following the attack, the victim was paralyzed by brain trauma, was fed through a feeding tube,