People v. Gibson CA2/2

Filed 8/1/25 P. v. Gibson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B334296

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA016268)

CLARENCE ALBERT GIBSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Renee F. Korn, Judge. Affirmed. Danalynn Pritz, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey, Idan Ivri and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

Clarence Gibson appeals the denial of his petition for resentencing under Penal Code1 section 1172.6 following an evidentiary hearing. He argues there is insufficient evidence to support the superior court’s finding that appellant was a major participant who acted with reckless indifference to human life during the course of a robbery. We disagree and affirm. FACTS AND PROCEDURAL BACKGROUND 1. Robbery and shooting On the evening of Friday, March 23, 1990, appellant was drinking on a porch with Tyrone Randall (Randall) and several others. Appellant expressed a need for money and proposed “ ‘doing a jack,’ ” i.e., robbing someone. Randall responded, “ ‘Let’s roll.’ ” Appellant and Randall each pulled a gun, and Randall “opened the chambers” on his gun to confirm there were bullets “and closed it back.” The two men left the group and walked toward an intersection to find a victim, with several other men in tow. A truck stopped, and appellant and Randall each faced the driver’s side of the truck. Either appellant or Randall shot the driver dead. The victim’s wallet was taken and the cash in it distributed among appellant, Randall, and other men at the scene. 2. Conviction and appeal In 1991, a jury convicted appellant of robbery (§ 211) and first degree murder (§ 187, subd. (a)) “during the commission of the crime of Robbery,” and found true a personal firearm use allegation (§ 12022.5, subd. (a)). Appellant’s conviction was affirmed on direct appeal. (People v. Randall (Dec. 27, 1993, B066355 [nonpub. opn.].)