People v. Davis CA3

BACKGROUND

I Jury Trial Proceedings In 1999, the People charged defendant and codefendant Michael Wilson with the special-circumstance murder of Don McElroy (§ 187, subd. (a); count 1) during the commission of a robbery (§ 190.2, subd. (a)(17)), robbery (§ 211; count 2), and unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 3). For the murder and robbery counts, it was alleged that defendant and Wilson personally used a deadly and dangerous weapon (§ 12022, subd. (b)). Various prior conviction and prior prison term enhancements were also alleged as to defendant (§§ 667, subd. (a), 667.5, subd. (b), 1170.12). A jury found defendant guilty of first degree murder, second degree robbery, and unlawful taking of a vehicle.2 It also found the robbery-murder special circumstance true but found not true the allegations that defendant personally used a deadly weapon. For the murder, defendant received life without the possibility of parole; for the remaining counts and enhancements, defendant received a determinate term of 17 years 4 months in state prison. This court affirmed the judgment on appeal. (Davis, supra, C041602.)

2 Wilson pled guilty to first degree…