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People v. Doby

California Court of Appeals, Second District, Sixth Division
Aug 17, 2023
2d Crim. B326467 (Cal. Ct. App. Aug. 17, 2023)

Opinion

2d Crim. B326467

08-17-2023

THE PEOPLE, Plaintiff and Respondent, v. DAMETREAS DOBY, Defendant and Appellant.

Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED

(Super. Ct. No. BA427208) (Los Angeles County), Eleanor J. Hunter, Judge

Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

BALTODANO, J.

Dametreas Doby appeals from the trial court's denial of his petition for resentencing. (Pen. Code, § 1172.6.)

Statutory references are to the Penal Code.

Doby's gang was implicated in two shootings. (People v. Doby (Oct. 28, 2019, B286228) [nonpub. opn.] [2019 WL 5539841 at pp. *1-2].) The second resulted in a man's death. (Id. at p. *2.) Doby told police he was not present at the first shooting, but admitted he was at the second, driving the car from which one of his accomplices shot and killed a man walking down the street. (Ibid.) Doby also admitted he was a gang member. (Id. at p. *3.)

Prosecutors did not charge Doby with the first shooting, but did charge him with murder for the second. (People v. Doby, supra, 2019 WL 5539841 at p. *3.) The trial court admitted evidence related to the first shooting at Doby's trial. (Ibid.) A gang expert testified that a murder like the one with which Doby was charged would have been committed for the benefit of a criminal street gang. (Ibid.)

Doby was convicted of murder and sentenced to 50 years to life in state prison. (People v. Doby, supra, 2019 WL 5539841 at pp. *4-5.) We affirmed the judgment on appeal. (Id. at p. *8.) Doby subsequently petitioned for resentencing pursuant to section 1172.6, claiming he was convicted of either felony murder or murder under a natural and probable consequences theory and that he could no longer be convicted of murder under the current versions of sections 188 and 189. The trial court denied Doby's petition, finding him ineligible for relief as a matter of law because he was not convicted of felony murder or murder under a natural and probable consequences theory.

We appointed counsel to represent Doby in this appeal. After examining the record, counsel filed an opening brief that raises no arguable issues. (See People v. Delgadillo (2022) 14 Cal.5th 216, 231-232.) Doby then filed a supplemental brief. (See id. at p. 232.) In it, he contends the trial court should have granted his section 1172.6 petition because: (1) the fact that the actual killer in his murder case was charged with manslaughter was not communicated to the jury in his trial, (2) the prosecutor's closing arguments confused the jury, and (3) the prosecutor withheld evidence of his innocence. None of these contentions challenges the court's ruling that he is ineligible for section 1172.6 relief as a matter of law. They also find no factual support in the record on appeal. We have independently reviewed that record and are satisfied that no other arguable issue exists. (See Delgadillo, at p. 232.)

Doby also claims the introduction of evidence of the first shooting at trial was prejudicial error and that a gang expert impermissibly commented on his credibility. We rejected these claims on direct appeal (see People v. Doby, supra, 2019 WL 5539841 at pp. *5-7), and do not revisit them here (see People v. Gray (2005) 37 Cal.4th 168, 196-197).

DISPOSITION

The trial court's order denying Doby's petition for section 1172.6 resentencing, entered October 28, 2022, is affirmed.

We concur: YEGAN, Acting P. J. CODY, J.


Summaries of

People v. Doby

California Court of Appeals, Second District, Sixth Division
Aug 17, 2023
2d Crim. B326467 (Cal. Ct. App. Aug. 17, 2023)
Case details for

People v. Doby

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DAMETREAS DOBY, Defendant and…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Aug 17, 2023

Citations

2d Crim. B326467 (Cal. Ct. App. Aug. 17, 2023)