P. v. Davis
Robert Merle Davis was initially found incompetent to stand trial in this case (Pen. Code, 1368)[1] and was committed to Patton State Hospital. Later, the court found him competent. In a jury trial, Davis was found guilty of assault with a deadly weapon and by means of force likely to cause great bodily injury ( 245, subd. (a)(1), 1192.7, subd. (c)(23)) and battery ( 242). The jury found he was not legally insane when he committed the assault. Davis waived his right to a jury trial on allegations of two serious felony prior convictions ( 667, subd. (a)(1)) and two strikes ( 667, subds. (b)-(i)) and the court found them true. The court dismissed one of the strikes and sentenced Davis to 16 years in prison: six years (twice the middle term) for assault, five years for each serious felony prior, and credit for time served for battery. Davis appeals. Court affirm.
Comments on P. v. Davis