People v. Davies CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 1987, a jury found defendant guilty of second degree murder (§ 187, subd. (a)) and found true that defendant personally used a knife during the crime (§ 12022, subd. (b)). The trial court sentenced defendant to prison for 16 years to life. On appeal, this court affirmed the judgment. (People v. Davies (Sept. 30, 1988, C002846) [nonpub. opn.].) In 2023, defendant filed a petition for resentencing under section 1172.6. Counsel was appointed, and the prosecution filed a brief arguing defendant was ineligible for relief because he actually and personally killed the victim. The prosecution attached multiple exhibits: (1) a copy of this court’s opinion from defendant’s appeal of his original conviction, (2) a portion of the jury instructions that does not include the instructions for murder, (3) the information, (4) the judgment form, and (5) the verdict forms. Defendant filed a reply arguing the trial court could not rely on the statement of facts in this court’s prior opinion in determining whether defendant was ineligible for relief as a matter of law because he was the actual killer. The trial court held a prima facie hearing in August 2023…