People v. Davis CA4/2

INTRODUCTION

In 1996, a jury convicted Jim Dale Davis, the petitioner herein, along with Theodis

Nathaniel Brown and Jerome Pellum Holland of three counts of first degree murder (Pen.

Code, § 187),1 during which a principal was armed with a handgun (§ 12022, subd.

(a)(1)) and all of which occurred during a robbery and burglary (§ 190.2, subd. (a)(17)).

The jury further found true the multiple murder special circumstance as to each

defendant. (§ 190.2, subd. (a)(3).) Each was sentenced to four concurrent terms of life

without the possibility of parole, plus one year.

In 2019, following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.)

(Senate Bill 1437) and the enactment of section 1170.95, defendant petitioned for

resentencing. The trial court denied the petition on the ground that defendant’s jury was

instructed pursuant to former CALJIC Instruction No. 8.80.1, that it could not make

findings on the special circumstance allegation without first finding that defendant was a

major participant and that he acted with reckless disregard, such that even following the

amendments to sections 188 and 189, the convictions were valid. Defendant appealed.

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