P. v. Davis CA1/2
Dion Andre Davis II appeals from a judgment of conviction on eleven criminal counts, issued after a jury trial, for his role in a Lake County home invasion and its aftermath. He argues that the trial court erred in discharging a juror for good cause during deliberations; the prosecution committed a Brady violation by withholding evidence regarding a detective’s misconduct in investigating the case; we should stay under Penal Code section 654 his count 5 sentences for assault with a semiautomatic firearm and the attendant great bodily injury (GBI) and firearm enhancements or, in the alternative, stay the GBI sentence (after initially arguing we should reverse this finding for lack of evidence); the court miscalculated or made a clerical error regarding the sentences imposed for counts 5 and 12; and we should remand to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancements under sections 12022.5 and 12022.53.
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