People v. Davis CA5

INTRODUCTION

Appellant Robert Earl Davis, Jr., argues the trial court erred admitting lyrics from a rap music video, erred admitting evidence Davis possessed a firearm not used in the charged crimes, and that his premeditated attempted murder conviction is not supported by substantial evidence. Davis further argues cumulative error. We reject these arguments and affirm.

PROCEDURAL HISTORY

On October 27, 2020, the Stanislaus County District Attorney’s office filed an 1 amended information charging Davis with first degree murder (Pen. Code, § 187, subd. (a); count 1), and premeditated attempted murder (§ 664/187, subd. (a); count 2.) As to count 1, the information alleged the special circumstance that Davis committed the murder by intentionally discharging a firearm from a motor vehicle, at another person outside the vehicle with the intent to inflict death (§ 192, subd. (a)(21)). As to both counts, the information further alleged the enhancements that Davis personally and intentionally discharged a firearm and proximately caused great bodily injury or death to another person (§ 12022.53, subd. (d)), and that Davis was released on bail or on his own recognizance pending judgment…