People v. Davis CA2/1

BACKGROUND

The information charged Davis with one count of murder in violation of Penal Code section 1871 (count 1), one count of assault on a child causing death in violation of subdivision (a) of section 273ab (count 2), and two counts of child abuse in violation of subdivision (a) of section 273a (counts 3 and 4). It further alleged as to all counts that they were serious or violent felonies or offenses requiring registration under section 290, subdivision (c), and that prison custody time for the charged offenses must be served in state prison pursuant to section 1170, subdivision (h)(3). Davis pleaded not guilty and denied all allegations. The charges were tried to a jury, which found Davis guilty as charged on all counts. The court sentenced her to 31 years to life in state prison, calculated as follows: 25 years to life as to count 2, plus 6 years as to count 3. The court also imposed sentences as to counts 1 and 4 but stayed them pursuant to section 654, imposed various statutory fines and fees, required Davis to provide DNA samples, and credited her with 542 days of presentence custody. Davis timely appealed. The evidence introduced at trial showed the following facts:…