People v. Gibson CA2/3

Filed 5/2/25 P. v. Gibson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B336513

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA337074) v.

HAKIM RASHEED GIBSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed as modified. William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven E. Mercer and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent.

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MEMORANDUM OPINION1 In 2008, a jury found Hakim Gibson guilty of sexual penetration by foreign object (Pen. Code, § 289, subd. (a)(1));2 assault with intent to commit rape (§ 220); second degree robbery (§ 211); and petty theft with priors (§ 666). The jury found true allegations that Gibson personally used a dangerous or deadly weapon in the commission of the sexual penetration and assault crimes. (§ 667.61, subd. (b).) The trial court found true allegations that Gibson suffered two prior strikes (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), two serious felony convictions (§ 667, subd. (a)(1)), and two prior prison terms (§ 667.5, subd. (b)). In 2009, the trial court imposed an aggregate state prison sentence of 57 years to life. Gibson was awarded 306 days of actual custody credit and 45 days of conduct credit. In a prior direct appeal, this court reversed the judgment as to the petty theft conviction and the true finding on one of the five-year prior serious felony enhancements.3 On remand, the trial court resentenced Gibson to an aggregate sentence of 52 years to life. In 2023, the California Department of Corrections and Rehabilitation (CDCR) identified Gibson as an individual whose sentence included a prior prison term enhancement that was