B336089
Cal. Ct. App.Dec 12, 2024Background
- Gary Devaughn Labon was convicted by a jury of forcible rape, attempted premeditated murder, and kidnapping to commit rape, with enhancements for inflicting great bodily injury.
- The crimes occurred after police responded to a 9-1-1 call reporting a man dragging a body; the elderly female victim was found severely injured and unresponsive, with DNA evidence linking Labon to the scene.
- Labon was sentenced to life plus 30 years, with prior conviction and sentence affirmed on appeal.
- Labon later filed a petition under Penal Code § 1172.6 (formerly § 1170.95), seeking resentencing based on changes in the law limiting theories of homicide liability (felony murder, natural and probable consequences doctrine).
- The trial court denied the petition, finding Labon was the actual perpetrator and not convicted under a theory of imputed malice or with an accomplice.
- On appeal, Labon's attorney filed a no-issues brief; Labon presented pro se arguments, but the appellate court reviewed only claims within the scope of § 1172.6.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility under § 1172.6 | Labon was the only perpetrator and conviction was not under imputed malice. | Conviction invalid under new § 188 & 189 changes; imputed malice or improper theory applied. | Denied; record showed Labon was sole actor, intent not imputed. |
| Right to evidentiary hearing | No prima facie case shown for relief; record refutes needed elements. | Sufficient allegations made to warrant hearing and resentencing. | No hearing required where record conclusively refutes claim. |
| Claims of ineffective counsel and trial error | Not cognizable under § 1172.6; not the proper vehicle. | Prejudiced by trial counsel errors, evidentiary issues, judicial bias. | Such claims are outside the scope of § 1172.6 proceedings. |
Key Cases Cited
- People v. Delgadillo, 14 Cal.5th 216 (Cal. 2022) (clarifies standard for appellate review and eligibility for § 1172.6 relief)
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (sets forth standard for determining prima facie showing under § 1172.6 and use of the record of conviction)
- People v. Daniel, 57 Cal.App.5th 666 (Cal. Ct. App. 2020) (eligibility for § 1172.6 relief limited to those convicted on imputed malice theories)
- People v. Garcia, 82 Cal.App.5th 956 (Cal. Ct. App. 2022) (actual killer not eligible for § 1172.6 relief)