People v. Davis CA4/2

I.

FACTS

At about 1 a.m. in April 1985, Davis and another man robbed and shot to death an

off-duty San Bernardino County sheriff’s deputy. The San Bernardino County District

Attorney charged Davis with first degree murder (Pen. Code, § 187, unlabeled statutory

references refer to this code) and robbery (§ 211.) They also alleged Davis participated in

both crimes as a principal knowing another principal was armed with a firearm (§ 12022,

subd. (a)).

Davis and his codefendant were tried separately. Davis’s jury found him guilty on

both counts and found the firearm allegations true. “The codefendant was tried separately

and convicted of personally shooting the deputy.”

In January 2019, Davis, without the assistance of counsel, filed a petition for

resentencing under newly enacted section 1170.95. The prosecution filed an informal

2 response to the petition, then a formal, supplemental opposition. San Bernardino County

Superior Court Judge Colin J. Bilash appointed Davis counsel, and Davis’s counsel then

filed a formal supplemental petition.

At the hearing on the petition, Judge Bilash found Davis “was a major participant

in this murder.” The judge expressed disbelief…