The People v. Davis CA3

Filed 9/9/13 P. v. Davis CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sutter) ----

THE PEOPLE, C073288

Plaintiff and Respondent, (Super. Ct. Nos. CRF121011, CRF121645) v.

DAVID MARSHALL DAVIS,

Defendant and Appellant.

Defendant David Marshall Davis and his stepson, 16 year-old D.W., were cleaning out a room in the family home when D.W. fell asleep. Defendant threw a plastic object at D.W., striking his right eye. Defendant also punched him in the ribs about 10 times. As a result, D.W. had a horizontal line across his field of vision which did not heal. Later that week, defendant assaulted his cohabitant, D.W.‟s mother Page G. He pushed her against the kitchen wall, hit her in the face with a closed fist, and threw her to the ground. Page G. was three months pregnant with defendant‟s child. While she was on the ground, defendant stomped on her stomach with his foot and yelled that he hoped

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she would miscarry. He also threatened to kill Page G. if she got law enforcement involved. D.W. distracted defendant by letting the dogs in, and then fled with his mother. In a search incident to defendant‟s arrest, officers found a marijuana growing facility in one of the rooms. Wiring for the operation was stripped and spliced and hanging exposed instead of inside a junction box. Exposed electrical wiring emerged from the sheetrock as well. A search warrant was later executed on the residence. Officers found 390.88 grams of marijuana in a paper bag, a sheet of paper indicating the respective values of different amounts of marijuana, and 21 jars containing a total of 384.28 grams of marijuana. While in jail, defendant called Page G. and instructed her to have D.W. testify that he made up the whole story because he was angry at defendant. Defendant was charged in case No. CRF121011 with corporal injury to a child with great bodily injury (Pen. Code, §§ 273d, subd. (a), 12022.7, subd. (a); undesignated statutory references are to the Penal Code), child endangerment (§ 273a, subd. (a)), corporal injury to a cohabitant (§ 273.5, subd. (a)), dissuading a witness (§ 136.1, subd. (c)(1)), criminal threats (§ 422), assault by means likely to cause great bodily injury (§ 245, subd. (a)(1)), misdemeanor false imprisonment (§§ 236, 237), and possession of marijuana for sale (Health & Saf. Code, § 11359). A few days after being released from jail, defendant confronted D.W. and accused him of stealing some marijuana. D.W. denied stealing marijuana, but admitted selling some while defendant was in jail. Defendant and Page G. told D.W. to leave the home; D.W. went to his girlfriend‟s residence. Defendant and Page G. drove D.W. home the following day. After Page G. and their other children left, defendant confronted D.W. in the room where the marijuana was grown. Defendant, armed with an aluminum baseball bat, told D.W. he would knock his head off if he said anything stupid. When D.W. continued to deny stealing the marijuana, defendant struck him in the shin with the bat. Defendant left the residence when Page G. and the children returned.