People v. Bibbs CA2/7

Filed 5/10/21 P. v. Bibbs CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B306566

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA022376-02) v.

CARL E. BIBBS II,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert J. Perry, Judge. Affirmed. David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

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Carl E. Bibbs II, convicted of multiple serious felonies in 2006, appeals the superior court’s order denying his postjudgment motion for recall of sentence and resentencing pursuant to Penal Code section 1170.91, subdivision (b).1 No arguable issues have been identified following review of the record by Bibbs’s appointed appellate counsel. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Bibbs in his supplemental brief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Bibbs’s Conviction and Sentence Bibbs was convicted in 1996 following a jury trial of three counts of aggravated kidnapping (§§ 209, subd. (b), 209.5, subd. (a)), five counts of rape in concert (§ 264.1), four counts of rape with a foreign object (§ 289, subd. (a)), two counts of first degree robbery (§ 211), second degree robbery (§ 211), carjacking (§ 215, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), first degree burglary (§ 459) and grand theft of a vehicle (§ 487h, subd. (a)). The jury also found true firearm enhancements for 13 of the counts. The trial court sentenced Bibbs to three consecutive indeterminate life terms with the possibility of parole for the three aggravated kidnapping offenses plus a consecutive aggregate determinate term of 87 years on the remaining counts. (Sentences on several of the charges were stayed pursuant to section 654.)2