P.

P. v. Davis CA4/2

Good Law
159 Cal. Rptr. 3d 154·2013 Cal. App. LEXIS 570·217 Cal. App. 4th 1484·2013 WL 3784131
Court of Appeal of CaliforniaJune 28, 2013E056019California2,431 words

Opinion

Opinion

McKINSTER, J.

A jury found defendant and appellant Bryan Lee Davis (defendant) guilty as charged of first degree murder in connection with the death of his mother (Pen. Code, § 187, subd. (a)), and also found true the special allegation that in the commission of that crime defendant discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). The trial court sentenced defendant to serve a term of 25 years to life in state prison on the first degree murder conviction and a consecutive term of 25 years to life on the firearm enhancement.

Defendant raises one issue in this appeal. He contends the trial court committed reversible error by failing to instruct the jury sua sponte that the testimony of a so-called jailhouse informant must be corroborated. We agree the trial court erred, but conclude the error was harmless in this case. Therefore, we will affirm the judgment.

FACTS

Resolution of the issue defendant raises in this appeal does not depend on the facts of the underlying crime. Moreover, the facts are undisputed and are set out at length in the parties’ respective briefs. For our purpose it is sufficient to note that on December 10, 2010, defendant reported…

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