People v. Labon CA2/2

I. Facts3

A. The underlying crime In the early morning hours of September 18, 2009, defendant was detained by police officers who were responding to a 9-1-1 call that reported “[a] man dragging a body” across a front lawn. Defendant’s pants were undone, and his genitalia were exposed. The victim, a 69-year-old lady, was discovered farther down the street. She was lying on her back, had no pants on, was “completely unresponsive” and looked “gruesome.” Specifically, she had severe bleeding in her brain, her left eye was filled with blood, the left side of her face was filled with air because of the trauma she suffered, and she had multiple shattered bones in her face. The victim’s DNA matched blood and semen samples taken from defendant and his clothing. Following the attack, the victim was paralyzed by brain trauma, was fed through a feeding tube,

For the sake of simplicity, we will refer to the section by its new numbering only.

We draw these facts from our prior, unpublished appellate opinion affirming defendant’s convictions (People v. Labon (May 1, 2013, B239688)), but we do not rely on these facts for our analysis or disposition here. (See § 1172.6, subd.…