People v. Davis CA1/2

BACKGROUND

Underlying Charges, Conviction, Sentence, and Appeal2 In 2015, Davis was charged with first degree residential robbery (§ 211), first degree residential burglary (§ 459), and possessing a firearm as a felon (§ 29800, subd. (a)(1)). The information alleged that Davis personally used a firearm in committing the robbery and burglary (§ 12022.53, subd. (b)) and that he had two strikes (§ 667, subd. (c) & (d); § 1170.12, subd. (b)), two prior serious felony convictions (§ 667, subd. (a)), and nine prior prison terms (§ 667.5, subd. (b)). A jury found Davis guilty on all counts, and the jury or trial court found true all enhancement allegations. The trial court imposed a third-strike sentence composed of an upper term of 6 years for first degree residential robbery, plus a 10-year enhancement for firearm use (§ 12022.53, subd. (b)), two 5-year enhancements for prior serious felony convictions (§ 667, subd. (a)), and seven 1-year enhancements for prior prison sentences (§ 667.5, subd. (b)),3 yielding an indeterminate term of 33 years to life. To that, the court added the

2 We draw this summary from our opinion on Davis’s direct appeal.

(People v. Davis (Jan. 6, 2017,…