Davis

Filed 12/10/24; Certified for Publication 12/18/24 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A168530

v. CHAROME DAVIS, (Alameda County Super. Ct. No. 158104) Defendant and Appellant.

Defendant Charome Davis appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.6 following an evidentiary hearing. Davis contends the prosecution presented insufficient evidence to support the trial court’s findings that he was the actual killer and that he acted with reckless indifference for human life. Finding sufficient evidence to support the trial court’s ruling, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Underlying Plea to Voluntary Manslaughter In 2008, the Alameda County District Attorney charged Davis with the murder of Rudy Henderson, Jr. on or about March 23, 2006 (Pen. Code,1 § 187, subd. (a); count 1), and possession of a firearm by a felon (former § 12021, subd. (a)(1); count 2). As to count 1, it was alleged the murder was

1 Undesignated statutory references are to the Penal Code.

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