People v. Gibson CA3

Filed 6/16/21 P. v. Gibson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C091272

Plaintiff and Respondent, (Super. Ct. No. 08F09953)

v.

KRISTEN GIBSON,

Defendant and Appellant.

In 2008, the trial court (Kenny, J.) found defendant Kristen Gibson guilty of first degree murder and child assault homicide. (Pen. Code, §§ 187, 273ab.)1 We affirmed the resulting conviction in 2014. (People v. Gibson (May 20, 2014, C070109) [nonpub.

1 Undesignated statutory references are to the Penal Code.

1

opn.].)2 In doing so, we concluded that substantial evidence supported the trial court’s finding that defendant acted with deliberation and premeditation in the intentional killing of her newborn baby. (Ibid.) There seems to be no dispute that defendant did indeed kill her baby by giving birth while sitting on the toilet and then remaining seated until the baby drowned. In fact, defendant did not claim in her form petition that she was not the actual killer, nor does she now dispute that she was the actual killer of the newborn. In February 2019, defendant filed a petition for resentencing under newly enacted section 1170.95. The trial court (Kenny, J.) appointed counsel, considered briefing from both parties, and found defendant ineligible for relief in a written order that was entered without holding a hearing. Defendant timely appealed, contending the court failed to follow section 1170.95’s procedural requirements and erred by relying on our prior opinion in this case. Because defendant is ineligible for relief as a matter of law, we need not reach defendant’s contentions. We affirm the trial court’s order. FACTUAL BACKGROUND In July 2008 defendant gave birth to a baby in the bathroom. The father heard a loud bang and went to the bathroom to check on her. Defendant remained sitting on the toilet, and the father eventually called 911. When paramedics arrived and removed defendant, they saw a baby in the toilet. By that time, the baby had been in the toilet for at least 15 to 20 minutes. The umbilical cord had been cut or torn. The baby had been