People v. Davis CA3

BACKGROUND

In October 1997, the trial court sentenced Davis to prison for 15 years to life following his conviction for second degree murder (Pen. Code, § 187).1 The court awarded him 117 days of credit, consisting of 102 actual days and 15 days of conduct credit. In November 2023, Davis, acting in propria persona, filed a motion in the trial court requesting additional presentence credits and a full resentencing. He argued that he was entitled to 60 additional days of credit (for a total of 154 actual days and 23 days of conduct credit) for time he spent in a juvenile detention facility between May 7 and June 27, 1997, before being booked into county jail. In January 2024, without appointing an attorney or holding an evidentiary hearing, the trial court denied Davis’s motion, reasoning that there was “insufficient proof provided regarding credits to change the award of credits at this time.” The court denied “[a]ll other requests” as well.

DISCUSSION

On appeal, Davis contends that the trial court abused its discretion by summarily denying his motion for additional credits. He asks us to remand the matter for an evidentiary hearing so the trial court can calculate the proper…