People v. Davis CA2/5

I. INTRODUCTION

Defendant Roy Davis appeals from a judgment of conviction on two counts of second degree murder, arguing the prosecutor engaged in misconduct by allowing the jury to review unredacted transcripts of defendant’s telephone conversations from jail that contained prejudicial admissions. He also contends the trial court should have instructed the jury on the lesser included offense of involuntary manslaughter and further erred by preventing him from arguing to the jury that mental impairment evidence could negate a finding of implied malice. We affirm.

II. FACTUAL BACKGROUND1

A. Murder of John Hautz

On December 28, 2017, around 8:45 a.m., defendant awoke at the site of a partially demolished house in Santa Monica. He walked into the backyard, grabbed a pickax and a shovel, and used the pickax to break through the side fence and enter the adjacent property. Next door, the occupants came outside and defendant asked them for food. Both observed that defendant was carrying a pickax. When they asked him to drop it, defendant responded, “‘I have not broken into your house to get this pickax.’” Defendant appeared to be under the influence of a drug based on his…