People v. Bobo CA2/1

Filed 3/1/23 P. v. Bobo CA2/1 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B305298

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. A365859)

v.

ALVIN BOBO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Reversed and remanded with directions. Lori Nakaoka, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Matthew Rodriquez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General,

Idan Ivri and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________ A jury convicted Alvin Bobo and a codefendant of murder, burglary, and robbery and we affirmed the convictions on Bobo’s direct appeal. (People v. Bobo (Oct. 4, 1983, 2 Crim. No. 42179) [nonpub. opn.] p. 3 (Bobo I).) In 2019, Bobo filed a facially sufficient petition under Penal Code section 1172.6 (former section 1170.95).1 The trial court denied Bobo’s petition on the merits, and Bobo did not appeal from the trial court’s order. In 2020, Bobo filed a second facially sufficient petition for resentencing under section 1172.6. The trial court denied the second petition as a successive petition. Bobo filed a timely notice of appeal. We affirmed the trial court’s denial of Bobo’s petition for resentencing, concluding that Bobo’s argument was foreclosed by our opinion in People v. Galvan (2020) 52 Cal.App.5th 1134 (Galvan) (disapproved by People v. Strong (2022) 13 Cal.5th 698, 718, fn. 3 (Strong)). (People v. Bobo (June 24, 2021, B305298) [nonpub. opn.] p. 2 (Bobo II).) Bobo filed a petition for review in the Supreme Court, which granted the petition and held the case pending its decision in Strong. After it decided Strong, the Supreme Court transferred this case back to us with directions to vacate our decision and reconsider the cause in light of Strong. On reconsideration, we reverse the trial court’s order denying Bobo’s petition for resentencing.