People v. Saibu CA4/1

Filed 7/29/22 P. v. Saibu CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078729

Plaintiff and Respondent,

v. (Super. Ct. No. SCD207640)

SADIQ SAIBU,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David M. Gill, Judge. Appeal dismissed without prejudice. Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Daniel Rogers, Acting Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting, Anthony Da Silva, and Daniel Hilton Deputy Attorneys General, for Plaintiff and Respondent. By amended information in case No. SCD207640, the San Diego County District Attorney charged Sadiq Saibu and codefendant Antonio Valentino

with a number of counts related to a video store robbery and two liquor store incidents. Saibu was charged with one count of special circumstance murder

(Pen. Code,1 §§ 187, subd. (a), 190.2, subd. (a)(17); count 1); one count of attempted murder (§§ 187, subd. (a), 664; count 2); one count of attempted robbery (§§ 211, 664; count 3 [July 13, 2005, T&M Liquor Store]); one count of car theft (Veh. Code, § 10851, subd. (a); count 4); one count of attempted robbery (§§ 211, 664; count 5 [July 12, 2005, T&M Liquor Store]); two counts of robbery (§ 211; counts 6 & 7 [July 7, 2005 [Hollywood Video]); and six counts of robbery related to incidents other than the Hollywood Video and T&M Liquor Store incidents (§ 211, counts 8-13). It was further and specially alleged that Saibu personally used a firearm (§ 12022.53, subd. (b)) with respect to counts 5, 6, 7, 10, 11, 12 and 13, and that he had been convicted of car theft and had been imprisoned as a term of probation (§ 499, subd. (a)). The superior court dismissed count 8 (alleged against Saibu only), pursuant to section 995, and severed counts 9 through 13, also alleged against Saibu only, after determining that trying those charges with counts 1