People v. Davis CA2/6

FACTS

Davis was convicted of murder (§ 187, subd. (a)) with the special circumstances that the murder was committed while the defendant was engaged in kidnapping (§ 190.2, subd. (a)(17)(B)) and the murder was intentional and involved the infliction of torture (id., subd. (a)(18)).

All statutory references are to the Penal Code. Davis was convicted by a slow plea; that is, he submitted the matter on transcripts that included the testimony of 17 witnesses who testified before the grand jury and 12 witnesses who testified at the trial of his codefendant, Spencer Brasure. The trial court sentenced Davis to life without the possibility of parole for the murder with special circumstances. Davis appealed, and we affirmed. (People v. Davis (Nov. 22, 2000, B137098) [nonpub. opn.].) Section 1170.95 Petition Davis petitioned for relief under section 1170.95. He checked the box on the form petition stating that he was convicted of first or second degree murder under the felony murder rule or the natural and probable consequences doctrine. He also checked boxes stating that he was not an active participant in the murder, that he did not act with reckless indifference to human life, and…