People v. Davis CA4/1

FACTS

The victim, Stephen Cooke, was the boyfriend of Ann Polson. Davis worked for

Cooke. Cooke and Polson lived in a camper-trailer in "Slab City" in Imperial County,

and Davis lived in a camper-trailer about 75 feet from them.

On September 19, 2010, around 10:30 p.m., Davis and Polson called 911 and

reported Cooke had been shot. Imperial County Deputy Sheriff Lopez responded to the

call. When Lopez arrived, he found Davis and Polson outside Cooke's trailer; Davis was

calm but Polson was hysterical. Davis told Lopez Cooke had been shot. Lopez went

inside and found Cooke sitting in a chair in a television area; he had a bullet hole in the

All further statutory references are to the Penal Code unless otherwise specified.

Davis also contends, and the People concede, Davis was entitled to one extra day of custody credit, and we agree with that contention. Davis also contends, and the People concede, the abstract of judgment must be amended to delete the firearm enhancements associated with the conspiracy conviction, and we agree with that contention. Accordingly, we order the abstract of judgment corrected to reflect these facts. 2 back of his head. Cooke…