People v. Davis CA2/7

Filed 11/17/14 P. v. Davis CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B253894

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA040862) v.

DEYON KEITH DAVIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Richard R. Romero, Judge. Affirmed. Deyon Keith Davis, in pro. per.; and Gloria C. Cohen, under appointment for the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Deyon Keith Davis appeals from a postjudgment order denying his motion to vacate his 2001 judgment of conviction pursuant to Penal Code section 1473.6 (section 1473.6). Because Davis’s motion was not filed within the time specified by section 1473.6, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In a felony complaint filed May 29, 1999 Davis was charged with one count of rape and one count of attempted sexual penetration by a foreign object as a result of an 1 incident that had occurred in October 1994. Following the sexual attack the victim had been examined at a hospital; a rape kit was prepared; and the kit was transported to, and booked into evidence at, a police station. The rape kit was destroyed by the police in 1998. Immediately before the preliminary hearing in May 2001 the court heard and denied a motion to dismiss filed by Davis’s appointed counsel, who had argued the charges were barred by the statute of limitations and Davis had been denied his right to a speedy trial. During the ensuing plea discussions, Davis moved to replace his appointed counsel. That motion was denied. Davis then stated he wanted to represent himself. He completed and signed the advisement and waiver-of-right-to-counsel form, and the court granted his request. The preliminary hearing was continued after Davis complained of chest pains and was removed from the courtroom. When the preliminary hearing resumed, the trial court denied a request from the public defender’s office to represent Davis; and Davis completed the hearing representing himself. He was held to answer on both counts and was arraigned shortly thereafter on the information charging him with rape and attempted sexual penetration by a foreign object. Represented by appointed counsel at this point, Davis pleaded not guilty to both charges.