Davis
People v. Davis
Opinion
Opinion
Brown, J.
Appellant Rodney Wiley Davis was convicted of second degree murder (Pen. Code, § 187) and an allegation that he had personally used a handgun within the meaning of section 12022.5 was found to be true. He was sentenced to 17 years to life. He appeals from the judgment. We will affirm.
Facts
On May 11, 1986, about 4:30 p.m., appellant shot and killed Tyrone “TC” Carter. The men were longtime friends and both were experienced in the martial arts with black belts in karate. They frequently attended the same martial arts training events. Appellant claimed he shot in self-defense when TC cut him with a “butterfly knife.”
TC had moved from Bakersfield to Los Angeles but he frequently returned to Bakersfield to visit a girlfriend and to work with Jerry and Rick Romine in their repossession and security business.
There had been angry confrontations between TC and appellant in the days before the shooting. A week before the shooting, appellant and TC argued about money at Rick Romine’s house where appellant was staying. TC pulled a butterfly knife (hereafter described) before Rick broke up the fight. TC said, “There will be another time and another place when we will finish…