People V. Davis

A jury convicted defendant Stanley Bernard Davis of the first degree murders of Michelle Boyd and Brian Harris. (Pen. Code § 187; further undesignated statutory references are to the Penal Code.) As to each murder, the jury found true the special circumstance allegations of murder during the commission of a robbery and murder during the commission of kidnapping for robbery. (§ 190.2, former subd. (a)(17)(i) & (ii), as added by initiative, Prop. 7, § 4 at the Nov. 7, 1978 Gen. Elec.) The jury also found true a special circumstance allegation of multiple murder. (§ 190.2, former subd. (a)(3).) The jury further found defendant guilty of the robbery (§ 211) and kidnapping for robbery (§ 209, subd. (b)) of Boyd and Harris, grand theft auto (§ 487, subd. (3))*fn1 and arson of Harris's automobile (§ 451, subd. (d)) all committed in 1985, and the 1984 robbery (§ 211) and kidnapping for robbery (§ 209, subd. (b)) of David Kingsmill. As to the murders, robberies, and kidnappings of Boyd and Harris, and the theft of Harris's car, the jury found for each offense that defendant was armed with a firearm (§ 12022, subd. (a)) and that he personally used a firearm (§ 12022.5, subd. (a)). With respect to the robbery and kidnapping of Kingsmill, the jury found for each offense that a principal was armed with a firearm. (§ 12022, subd. (a).)