People v. Doss CA2/1

Filed 12/16/20 P. v. Doss CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B300197

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. TA013552)

v.

JOHN DOSS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Pat Connolly, Judge. Affirmed. Mary Jo Strnad, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

A jury convicted John Doss for the 1991 murders of Desiree Mayberry and Larry Thomas and we affirmed the convictions on Doss’s direct appeal. (People v. Doss (May 4, 1995, B076155) [nonpub. opn.] (Doss I).) In 2019, Doss petitioned the trial court under Penal Code section 1170.95 for resentencing, alleging that he could not be convicted of first or second degree murder because of changes made to Penal Code sections 188 and 189 that became effective on January 1, 2019.1 Doss’s arguments here are foreclosed by our opinion in People v. Galvan. (People v. Galvan (2020) 52 Cal.App.5th 1134 (Galvan), review granted Oct. 14, 2020, S264284.) We will affirm the trial court’s order.

BACKGROUND On the evening of June 15, 1991, Doss, Ed Dwayne Smith, and Tobias Alphonso Tubbs went to the home of Desiree and Billy Mayberry, where Larry Thomas and Sherlene Kuylen also lived, and robbed the home, murdered Thomas and Mrs. Mayberry, shot Mr. Mayberry in the face, and committed various other crimes as recounted in our unpublished opinion on Doss’s direct appeal: “Between 10 and 11 p.m. on June 15, 1991, Doss, Smith, and Tubbs arrived at the Mayberrys’ house. Thomas admitted them. Mr. Mayberry also was home, but his wife and Kuylen were not. . . . The two women returned shortly thereafter. Mrs. Mayberry began ironing, Kuylen sat at the dining room table, and Doss sat in a recliner with a gym bag on his lap. “About 11:40 p.m., Mr. Mayberry went outside to one of his three parked cars to use its cellular telephone. Thomas, Smith, and Tubbs followed him. At some point, Doss came to the door