People v. Davenport CA3

Filed 8/25/21 P. v. Davenport CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C091623

Plaintiff and Respondent, (Super. Ct. No. NCR96230)

v.

RICKY MARQUES DAVENPORT,

Defendant and Appellant.

Defendant Ricky Marques Davenport pleaded guilty to elder abuse, assault with a deadly weapon, and making a criminal threat. Although in accordance with the plea agreement, the trial court sentenced defendant to a term longer than is authorized by law. On appeal, defendant asks us to reverse his conviction and provide him an opportunity to withdraw his plea based on the unauthorized sentence. He also says the sentences for the assault and/or criminal threat convictions should be stayed under Penal

1

Code section 654 (statutory section citations are to the Penal Code). We remand the case and direct the trial court to vacate defendant’s sentence. Our disposition voids the plea agreement and the matter will proceed accordingly. The defendant and the prosecution will have the opportunity to enter into a new plea agreement acceptable to the court. If the parties cannot agree on a plea acceptable to the court, the matter will proceed to trial

FACTS AND HISTORY OF THE PROCEEDINGS Defendant lived with the victim, his 68-year-old grandmother. One day, the victim went to a casino, where she encountered defendant, who was intoxicated and yelled at her. She returned home, where defendant again confronted her, angry that she had gone to the casino because she had earlier declined to take him to the recycling center. He screamed in her face, saying “he hated her” and demanding to be called “Stefanos.” Defendant punched the victim in the face. She tried to use her cell phone to call for help, but defendant knocked the cell phone to the floor. He then lit a roll of paper towels on fire and threw it at the victim; she brushed the burning embers off her chest and extinguished them on the ground with her cane. The victim yelled for her sister, who was outside, to call the sheriff’s department. Defendant then poked the victim in the back, pretending that he had a gun and threatening to kill her. He got a knife and made stabbing motions at her chest, then put the knife against her throat while screaming, “before suddenly dropping the knife and falling to the floor, as if he passed out.” “[M]oments later,” defendant woke up and got another knife, which he used to cut his own arms while yelling at the victim. A sheriff’s deputy arrived and found defendant holding the victim down in a chair. Defendant had his right hand concealed behind his back and said, “No, this is going to happen. You don’t know what I have,” while the victim “sobb[ed] hysterically.” The