Davis

People v. Davis

Caution
2009 Cal. LEXIS 4707·46 Cal. 4th 539·94 Cal. Rptr. 3d 322·208 P.3d 78
Supreme Court of CaliforniaJune 1, 2009S056425California35,980 words

Opinion

Opinion

Kennard, J.

A jury found defendant Richard Allen Davis guilty of the first degree murder of 12-year-old Polly Hannah Klaas (Pen. Code, § 187) as well as the burglary of her home (§ 459), robbery (§ 211), kidnapping (§ 207, subd. (a)), and an attempted lewd act against her (§§ 664, 288, subd. (a)). As to the murder, the jury found to be true special circumstance allegations of burglary, robbery, kidnapping, and attempted lewd act upon a child under the age of 14. (§ 190.2, subd. (a)(17).) With respect to other crimes, the jury found that defendant personally used a deadly and dangerous weapon during the commission of these crimes, that he personally inflicted great bodily injury on the victim, and that he knew or reasonably should have known that his victim was 14 years old or younger. (§§ 12022, subd. (b), 12022.7, 211, 459, 667.9, subd. (a).)

The jury also found defendant guilty of two counts of false imprisonment (§ 236), two counts of assault with a deadly weapon (a knife) (§ 245, subd. (a)(1)), and two counts of robbery (§ 211) for crimes he committed against Polly’s classmates, Kate M. and Gillian P. In addition, the jury found that defendant used a deadly and dangerous weapon…

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