Davenport

I. BACKGROUND

Davenport was charged by information with murder (§ 187), alleging he committed the murder “unlawfully and with malice aforethought.” The

Undesignated statutory references are to the Penal Code.

1 information included an enhancement for alleged personal and intentional discharge of a firearm causing great bodily injury and death as well as personal and intentional discharge and personal use of a firearm. (§ 12022.53, subds. (b)–(d).) Davenport pled no contest to second degree murder and a personal use of a firearm enhancement (§ 12022.5, subd. (a)). On his plea form, Davenport initialed the following two paragraphs as the factual basis for his plea: “32. I have discussed the contents of the police reports and investigative reports with my attorney. I am satisfied that I know the evidence that could be used against me in trial, as well as any possible defense to these charges. [¶] . . . [¶] 33. I believe and agree that a jury or judge who heard the evidence against me could find me guilty of the charges to which I am pleading guilty/no contest.” The court sentenced Davenport to a term of 15 years to life for second degree murder consecutive to a term of three…