People v. Davis CA2/1

BACKGROUND

I. The Offense and the Trial2

An April 9, 1996 information charged Davis and codefendant John Patrick Winkleman with the murder (§ 187, subd. (a)) and second degree robbery (§ 211) of Willie Yen. The information also alleged the special circumstance that Davis and Winkleman committed the murder while they were accomplices

Further statutory references are to the Penal Code. 2 We take the facts regarding the circumstances of the charged offenses from this court’s opinion in Davis’s direct appeal. (People v. Davis (Sept. 24, 1998, B113832 [nonpub. opn.] (Davis).) In his section 1170.95 petition, Davis stated, “he agrees that the Court of Appeal’s statement of the evidence [in the opinion in his direct appeal] is generally accurate,” although he notes “it was composed without the benefit of the California Supreme Court’s opinions in [People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522].” In the respondent’s brief, the Attorney General asked this court to take judicial notice of the opinion in Davis’s direct appeal, and we do so.

2 in the commission of a robbery (§ 190.2, subd. (a)(17)), and that they each personally used a…