People v. Davis CA2/6

Filed 4/4/25 P. v. Davis CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B333584 (Super. Ct. No. BA371110) Plaintiff and Respondent, (Los Angeles County)

v.

LORENZO DAVIS,

Defendant and Appellant.

Lorenzo Davis appeals the trial court’s order denying his petition for resentencing pursuant to Penal Code1 section 1172.6 (former section 1170.95) concerning his 2011 voluntary manslaughter conviction by plea. (People v. Lewis (2021) 11 Cal.5th 952, 957, 960, 971.) Davis contends, among other arguments, that the court erred by relying upon the preliminary examination transcript and engaging in impermissible factfinding. We conclude that the preliminary examination transcript conclusively establishes as a matter of law that Davis

1 All statutory references are to the Penal Code.

is ineligible for resentencing. (People v. Patton (2025) 17 Cal.5th 549, 565-566 [“Where facts from the record of conviction are undisputed, accepting them over contrary legal allegations that are merely conclusory is not ‘ “factfinding involving the weighing of evidence or the exercise of discretion” ’ ”].) We affirm. FACTS AND PROCEDURAL HISTORY This appeal concerns crimes committed in Los Angeles by Davis, an East Coast Crips criminal street gang member, against three strangers walking to a neighborhood liquor store. Davis wore gloves and held a firearm; one victim was shot and killed as he fled through a hospital parking lot. Within minutes, police officers located and detained Davis based upon a description of his height and clothing (white T-shirt and black pants with stripe). When detained, Davis had no firearm and a later test of his hands for gunshot residue was inconclusive. Police officers found 13 shell casings of the same caliber at the scene of the shooting. The shell casings had no fingerprints. A surviving victim identified Davis at a field show-up and at the preliminary examination, however, as the lone shooter. Preliminary Examination Transcript Joe Flores and Joe Pineda testified at the preliminary examination in the prosecution against Davis. On May 7, 2010, Flores, Pineda, and Arturo Segura walked to a liquor store near South Main Street in Los Angeles. An African-American man driving a red-colored four-door Pontiac shouted at the three men “to get off the street.” There were no passengers in the vehicle. The driver identified himself as an East Coast Crips gang member, made derogatory comments about a rival gang, and asked the three men if they were from the rival gang. Flores and his companions replied that they were not gang members and