P. v. Davis
A jury found Defendant guilty of: (i) forcible rape while acting in concert (Pen. Code, SS 261, subd. (a)(2), 264.1) (count 1); (ii) oral copulation by force or fear (S 288a, subd. (c)(2)) (count 2); (iii) kidnapping for robbery (S 209, subd. (b)(1)) (count 3); (iv) two counts of robbery (S 211) (counts 4 and 5); and (v) conspiracy to commit a crime (S 182, subd. (a)(1)) (count 6). The jury also made true findings that in committing the offenses in counts 1 and 2, Davis kidnapped the victim and by doing so substantially increased the victim's risk of harm (S 667.61, subd. (d)), and that in committing each of the offenses Davis personally used a firearm (S 12022.53, subd. (b)). The trial court sentenced Davis to 25 years to life in state prison.
Defendant appeals, contending that his convictions must be reversed because: (i) there was insufficient evidence to support the jury's conclusion that he kidnapped the victim; (ii) the trial court erred in failing to instruct the jury sua sponte on reasonable and good faith belief in consent; (iii) the trial court erred in refusing to sever Davis's trial from that of his codefendant; and (iv) his trial counsel provided ineffective assistance of counsel by failing to request applicable jury instructions and failing to object to damaging, irrelevant evidence. As discussed below, our evaluation of these claims reveals them to be without merit and consequently court affirm the judgment.
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