People v. Davis CA4/1

Filed 3/18/24 P. v. Davis CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082556

Plaintiff and Respondent,

v. (Super. Ct. No. FVI700493-2)

KENNETH LAMONT DAVIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernadino County, John P. Vander Feer, Judge. Affirmed. Kenneth Lamont Davis, in pro. per.; and Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Kenneth Lamont Davis appeals from the superior court’s denial of his postconviction petition seeking resentencing pursuant to Penal

Code1 section 1172.62 following an evidentiary hearing. Appointed counsel filed a brief in accordance with the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), and Davis submitted a letter raising arguments for this court’s consideration. Finding no arguable issues, we affirm the superior court’s order. FACTUAL AND PROCEDURAL BACKGROUND In 2011, a jury convicted Davis of multiple crimes committed in 2007: first degree murder of David Bruce Van Fleet (Pen. Code, § 187, subd. (a), count 1); first degree burglary (§ 459, count 2); and first degree robbery (§ 211, count 3). The jury also found Davis committed all three crimes with the knowledge that another principal was armed with a firearm (§ 12022, subd. (d)) and found true three special circumstances: “[t]he murder was intentional and carried out for financial gain” (§ 190.2, subd. (a)(1)); Davis “intentionally killed the victim by means of lying in wait” (§ 190.2, subd. (a)(15)); and “[t]he murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit . . . [r]obbery” (§ 190.2, subd. (a)(17)(A)).