People V. Davis

A jury found defendant Richard Allen Davis guilty of the first degree murder of 12-year-old Polly Hannah Klaas (Pen. Code, §§ 187)*fn1 as well as the burglary of her home (§ 459), robbery (§ 211), kidnapping (§ 207, subd. (a)), and an attempted lewd act against her (§ 664/288, subd. (a)). As to the murder, the jury found to be true special circumstance allegations of burglary, robbery, kidnapping, and attempted lewd act upon a child under the age of 14. (§ 190.2, subd. (a)(17).) With respect to other crimes, the jury found that defendant personally used a deadly and dangerous weapon during the commission of these crimes, that he personally inflicted great bodily injury on the victim, and that he knew or reasonably should have known that his victim was 14 years old or younger. (§§ 12022, subd. (b), 12022.7, 211/459/667.9, subd. (a).)