People v. Davison CA3

Filed 7/11/25 P. v. Davison CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C101433

Plaintiff and Respondent, (Super. Ct. No. 95F00245)

v.

VERNIS RAY DAVISON,

Defendant and Appellant.

In 1995, a jury found defendant Vernis Ray Davison guilty of two crimes related to methamphetamine possession. Due to his multiple prior serious felony convictions, the trial court sentenced defendant under the “Three Strikes” law to 25 years to life in prison, plus an additional one-year enhancement. (Pen. Code,1 §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) In 2024, the court recalled defendant’s sentence under

1 Further undesignated statutory references are to the Penal Code.

1

section 1172.75. At the resentencing hearing, the court dismissed the one-year enhancement but declined to exercise its discretion to resentence defendant outside the Three Strikes law. Defendant appeals from the judgment following resentencing. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 1995, the prosecution charged defendant with one count each of methamphetamine possession and methamphetamine possession for purpose of sale. The prosecution also alleged defendant had been convicted of three prior serious felonies and a fourth additional felony. The three prior serious felony convictions occurred in 1983, when defendant pled guilty to three counts of lewd and lascivious conduct with a minor. The fourth prior felony conviction occurred in 1993, when defendant pled guilty to one count of possession of amphetamines. The prosecution alleged the three prior serious felony convictions brought defendant within the Three Strikes law and the fourth prior conviction qualified defendant for a one-year sentence enhancement under section 667.5, former subdivision (b). (Stats. 2018, ch. 423, § 65.) A jury found defendant guilty of the two methamphetamine possession counts. Defendant personally waived a jury trial on the truth of the prior convictions and the trial court found them to be true. At the sentencing hearing, the court sentenced defendant to prison for 25 years to life under the Three Strikes law, with a one-year enhancement added under section 667.5, former subdivision (b). (Stats. 2018, ch. 423, § 65.)2 In 2024, the trial court recalled defendant’s sentence under section 1172.75, which entitled him to a resentencing hearing for the dismissal of the one-year enhancement. At the hearing, defendant also requested the court dismiss at least two of his prior serious