People v. Gibson CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 2014, a jury found defendant guilty of rape and unlawful sexual intercourse with a 15 year old. The trial court found defendant had previously been convicted of five prior offenses, including two serious felonies. The court sentenced defendant to 25 years to life in prison for rape, plus two five-year enhancements for prior serious felony convictions and three one-year enhancements for prior prison terms. The court initially stayed imposition of a sentence for unlawful sexual intercourse, pursuant to Penal Code section 654, but later corrected the judgment to impose a sentence of 25 years to life in prison for unlawful sexual intercourse, with execution stayed pursuant to Penal Code section 654. In 2022, defendant filed a request for postconviction discovery pursuant to Penal Code section 1054.9. (See generally In re Steele (2004) 32 Cal.4th 682, 693-697.) The trial court initially denied this motion because defendant failed to show he had first made a good faith effort to obtain the materials from his trial counsel without success. Defendant then submitted additional information regarding his communication with his trial counsel and asked…