People v. Davis CA4/1
D085945
| Cal. Ct. App. | Jun 24, 2025Background
- Deontay Marquis Davis was convicted by a jury of four armed robberies and one assault with a deadly weapon, with firearm and gang enhancements, and two prior strike findings, arising from incidents in February 2019.
- The crimes were gang-related, committed to obtain money for weapons for the California Gardens Crips.
- The prosecution successfully moved to consolidate Davis’s trial with his codefendants; Davis’s motion to sever was denied.
- Following conviction, Davis was sentenced under California’s Three Strikes law to 170 years to life.
- On appeal, Davis challenged the court’s refusal to sever his trial, the denial of his Romero motion to strike prior strikes, and his sentence as cruel and/or unusual.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of Severance Motion | Joinder proper; efficiency; no prejudice | Jury confusion, prejudice from co-defendants’ charges | No abuse of discretion |
| Denial of Romero Motion (strike prior strikes) | Sentence fits recidivist pattern; court balanced factors | Prior offenses not serious; youthful at time; showed remorse | No abuse of discretion |
| Cruel & Unusual Punishment | Sentence constitutional; recidivism and seriousness | Sentence disproportionate for non-lethal crimes | Sentence upheld |
Key Cases Cited
- People v. Superior Court (Romero), 13 Cal.4th 497 (trial court discretion to strike prior strike convictions under Three Strikes law)
- People v. Carmony, 33 Cal.4th 367 (abuse of discretion standard for Romero motions)
- People v. Holmes, McClain and Newborn, 12 Cal.5th 719 (preference for joinder and factors for severance)
- Ewing v. California, 538 U.S. 11 (upheld constitutionality of California Three Strikes law, gross disproportionality standard)
- In re Lynch, 8 Cal.3d 410 (California test for cruel or unusual punishment, proportionality factors)
- People v. Dillon, 34 Cal.3d 441 (consideration of offense and offender's circumstances for sentencing)
- People v. Sullivan, 151 Cal.App.4th 524 (severe sentences for multiple violent felonies with firearm enhancements not unconstitutional)