People v. Thibodeaux CA2/2

Filed 9/24/25 P. v. Thibodeaux CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B343444

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA070962)) v.

RAKYM YANELL THIBODEAUX,

Defendant and Appellant.

THE COURT:

Defendant and appellant Rakym Yanell Thibodeaux (defendant) appeals from the denial of his third petition for vacatur of his murder conviction and resentencing under Penal Code1 section 1172.6. Defendant contends his “conviction was entered under now-invalid legal theories and was further tainted

1 All further unattributed code sections are to the Penal Code unless otherwise stated.

by prosecutorial misconduct [and] judicial bias.” Defendant’s appointed counsel identified no arguable issues and filed a brief requesting we exercise our discretion to conduct an independent review of the record as set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). We have considered defendant’s supplemental brief and reviewed the record. Finding no merit to defendant’s appeal, we affirm the judgment.

BACKGROUND2 On April 16, 2019, a jury found defendant guilty of second degree murder, also finding defendant personally and intentionally discharged a firearm causing great bodily injury and death to the victim. On June 24, 2019, the trial court denied defendant’s motion for new trial and sentenced him to 15 years to life in prison, plus 20 years pursuant to section 12022.53, subdivision (c). The judgment was affirmed in People v. Thibodeaux (Jan. 8, 2021, B299468) (nonpub. opn.) (Thibodeaux I). A petition for review by the California Supreme Court was denied on March 17, 2021. (People v. Thibodeaux (Mar. 17, 2021, S267055).) On May 10, 2022, defendant filed his first petition to vacate his murder conviction and for resentencing under section 1172.6, which provides a procedure for persons convicted of murder to obtain retroactive relief if they could not be convicted under sections 188 and 189 as amended effective January 1, 2019. (People v. Lewis (2021) 11 Cal.5th 952, 957.) A petition for such relief may be filed by those who were not the actual killer, did not