Gibson

Statement of the Case

Defendant, Vivian Gayle Gibson, was charged with violating Penal Code section 187, murder. It was further alleged that she personally used a firearm during the commission of the offense within the meaning of Penal Code section 12022.5.

Prior to trial defendant made a motion to quash subpoenas issued for certain bank records claiming that the issuance of the subpoenas did not comply with Government Code section 7476. The motion was denied.

Defendant proceeded to a jury trial and was found guilty of first degree murder. It was further found that she personally used a firearm during the commission of the offense. Defendant was sentenced to prison for a term of 27 years to life.

Statement of Facts

Defendant and Sarah Bettye Smith (hereinafter Sarah) entered into a lesbian relationship in February of 1982. On May 11, 1985, defendant and Sarah were living together in a mobilehome when defendant shot and killed Sarah.

Defendant met Sarah when she (defendant) left her husband because he had been beating her. They lived together for a short time when Sarah sold her house and they moved to Washington to get away from defendant’s husband. After living in…