P. v. Davis and Battle CA2/4
Freddie Battle and Daniia Davis (collectively appellants) were convicted by jury of three counts each: count 1, first degree murder (Pen. Code, § 187) ; count 2, first degree burglary (§ 459); and count 3, attempted first degree robbery (§§ 664/211). The jury found true allegations that the murder was committed while appellants were accomplices in the commission of burglary and robbery (§ 190.2, subd. (a)(17)). We reverse the special circumstance findings and remand for resentencing as to Battle and affirm the judgment in all other respects.
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