People v. Davis CA3

BACKGROUND

In June 2012, a jury found defendant, then 28 years old, guilty of three counts of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)),1 three counts of carjacking (§ 215, subd. (a)), and being a felon in possession of a firearm (former § 12021, subd. (a)(1)) and ammunition (former § 12316, subd. (b)(1)). Defendant stipulated to a prior felony conviction, having been convicted in 2005 of possessing stolen property and evading a police officer. The jury found true enhancement allegations that defendant personally used a firearm in the assault and carjacking counts. (§§ 12022.5, subd. (a), 12022.53, subd. (b).) Defendant also admitted, under the then‑current version of section 667.5, subdivision (b), to serving a prior prison term for his 2005 convictions. A presentencing probation report identified circumstances in aggravation: the victims were vulnerable, defendant had numerous prior juvenile and adult adjudications and convictions, he served the 2005 prison term, and his performance on parole was unsatisfactory. The report stated there were no mitigating circumstances. The report concluded defendant “is clearly a significant danger to the community and…