People v. Davidson CA6

Filed 4/29/21 P. v. Davidson CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048438 (San Benito County Plaintiff and Respondent, Super. Ct. No. CR-10-00879)

v.

RICHARD CARLTON DAVIDSON,

Defendant and Appellant.

Appellant Richard Carlton Davidson was convicted in 2011 by a jury of child abuse (Pen. Code, § 273a, subd. (a); count 1),1 two counts of aggravated assault (former § 245, subd. (a)(1); counts 2 & 3), and two counts of misdemeanor vandalism (§ 594, subd. (a); counts 6 & 7).2 On December 9, 2011, the trial court sentenced Davidson to a prison term of 25 years to life plus 13 years each for counts 1, 2, and 3. The sentences for counts 2 and 3 were stayed pursuant to section 654. The court also imposed a term of 25 years to life plus 13 years for count 6 (misdemeanor vandalism), to be served

1 Unspecified statutory references are to the Penal Code. We take judicial notice of this court’s 2015 opinion in this matter (People v. 2

Davidson (Feb. 9, 2015, H037751) [nonpub. opn.].) (Evid. Code, §§ 452, subd. (d), 459, subd. (a).) We take the procedural history of Davidson’s jury trial and original sentence from that prior opinion. As they are not relevant to this appeal, we do not here recite the underlying facts of Davidson’s crimes.

consecutively to the term imposed on count 1. For count 7, the court imposed a term of one year in county jail to be served concurrently with defendant’s aggregate indeterminate term of 50 years to life plus a determinate term of 26 years. On direct appeal, this court in 2015 reversed the judgment and ordered the trial court to resentence Davidson on his conviction for misdemeanor vandalism in count 6, vacate his conviction for assault by means likely to produce great bodily injury in count 3, stay his conviction for misdemeanor vandalism in count 7, and reconsider the fines and fees imposed. (People v. Davidson, supra, H037751.) This court otherwise affirmed the convictions. Among other arguments, this court rejected Davidson’s contention that a pervasive pattern of prosecutorial misconduct warranted vacatur of his convictions. (Id. at p. 19.) On September 16, 2015, the trial court resentenced Davidson to an indeterminate term of 25 years to life in prison for his conviction of child abuse (§ 273a, count 1), imposed and stayed under section 654 terms of 25 years to life for Davidson’s convictions in counts 2 and 3 (felony aggravated assault, former § 245, subd. (a)(1)), imposed a one-year concurrent jail sentence for his conviction of vandalism (§ 594, subd. (a)) in count 6, imposed and stayed under section 654 a one-year jail sentence for the vandalism conviction (§ 594, subd. (a)) in count 7, and imposed an additional 13-year determinate term for Davidson’s serious felony and prison priors. The court awarded Davidson a total of 486 days of presentence credits, composed of 405 days of actual credit and 81 days of conduct credit. On November 9, 2015, Davidson again appealed, arguing the trial court failed to vacate the conviction on count 3 as directed by this court on remand and erred in the calculation of his presentence conduct credits. On January 19, 2016, the trial court vacated and struck the sentence imposed on count 3 and directed the clerk to prepare an amended abstract of judgment. The amended abstract of judgment reflects Davidson was awarded a total of 1,580 days of presentence credits, based on 1,378 days of actual credit 2