PEOPLE v. DAVIS

Docket No. Crim. 21721.

29 Cal.3d 814 (1981)

633 P.2d 186

176 Cal. Rptr. 521

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL DARRELL DAVIS, Defendant and Appellant.

Supreme Court of California.

August 31, 1981.


Attorney(s) appearing for the Case

COUNSEL

Barney Goldstin for Defendant and Appellant.

Quin Denvir, State Public Defender, and Edward Schulman, Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Gary R. Hahn, William R. Weisman and Robert R. Anderson, Deputy Attorneys General, for Plaintiff and Respondent.

Albert M. Leddy, District Attorney (Kern), and Margaret E. Spencer, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

MOSK, J.

After a jury trial defendant, 16-year-old Michael Darrell Davis, was convicted of the rape and first degree murder of 13-year-old Deboruh Morgan. Because of the victim's age, defendant was also convicted of committing a lewd and lascivious act on a child under the age of 14. Two special circumstances were charged and found to be true. (Former Pen. Code, § 190.2, subds. (c)(3)(iii) and (iv).)

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