People v. Davis CA1/2

Filed 7/9/14 P. v. Davis CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A134565

v. SHEMEEKA DAVIS, (Contra Costa County Super. Ct. No. 5-100753-3) Defendant and Appellant.

Shemeeka Davis (appellant) was convicted, following a jury trial, of one count of first degree murder, two counts of torture, and two counts of felony child abuse. On appeal, she contends (1) her torture convictions were not supported by substantial evidence and violated due process; (2) her conviction of first degree murder was not supported by substantial evidence and violated due process; (3) the trial court’s refusal to instruct on voluntary manslaughter as a lesser included offense of murder violated her rights to a jury trial…