P. v. Davis
After jury trial on charges of three counts of murder (Pen. Code,[1]187, subd. (a)) with the personal use of a dangerous weapon, a knife ( 12022,subd. (b)(1)), and a multiple murder special circumstances allegation ( 190.2, subd. (a)(3)), Charles Bernard Davis was found guilty of three counts of second degree murder and the weapon use allegations were found true. The trial court sentenced Davis to prison for a total term of 48 years to life, consisting of three consecutive indeterminate 15 year to life terms for the murders plus three consecutive one year determinate terms for the enhancements. Davis appeals, contending CALCRIM No. 355 misstates the law regarding a nontestifying defendant, and his convictions should be reduced to voluntary manslaughter based on imperfect self defense because the prosecutor failed to prove he did not believe he needed to defend himself. Court affirm.
Comments on P. v. Davis