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PEOPLE v. DAVIS

No. B223968.

THE PEOPLE, Plaintiff and Respondent, v. DEVLIN S. DAVIS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

Filed December 7, 2011.

Attorney(s) appearing for the Case

J. Kahn , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Senior Assistant Attorney General, Michael R. Johnsen and Allison H. Chung , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

WOODS, Acting P. J.

Defendant Devlin S. Davis timely appealed from his conviction for first degree murder.1 The jury found true the gang and gun allegations. The court sentenced Davis to life without the possibility of parole (LWOP). Davis contends the sentence must be vacated and the matter remanded for the court to consider imposing a non-LWOP sentence under Penal Code section

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