People v. Davis CA2/5

I. BACKGROUND

Defendant was convicted of first degree felony murder and three counts of attempted robbery in 1989. As to each count, the jury found true the allegation that a principal was armed with a handgun. The trial court sentenced defendant to 25 years to life in state prison on the murder count, plus a consecutive term of one year for the firearm enhancement on that count. 2 This court affirmed the judgment on appeal in 1992. (People v. Davis (Dec. 31, 1992, B048427) [nonpub. opn.] (Davis I).) Defendant filed a petition for resentencing under section 1172.6 in 2019. The trial court summarily denied the petition because it read the factual background set forth in our opinion in

1 Undesignated statutory references that follow are to the Penal Code. 2 The trial court sentenced defendant to concurrent terms of two years on each of the attempted robbery counts and stayed additional one-year terms for the firearm enhancements on those counts.

2 Davis I to establish that defendant was a major participant in the underlying felony who acted with reckless indifference to human life. We reversed and remanded for the trial court to appoint counsel and to conduct further proceedings…