P. v. Davila CA2/5
In 2010, defendant Gilbert Davila and his two codefendants assaulted two men, for which they were each convicted of two counts of attempted premeditated murder. The evidence and verdicts indicated defendant and one codefendant personally assaulted one victim, while the other codefendant personally assaulted the second victim. In 2013, we affirmed the convictions, rejecting the defendants’ claim of insufficient evidence. Specifically, with respect to the victim that each defendant did not personally assault, we held the evidence was sufficient to uphold the convictions on a theory of aiding and abetting under the natural and probable consequences doctrine. (People v. Davila (May 3, 2013, B239117) [nonpub. opn.] [2013 WL 1874740, pp. *5-*6].)
In 2019, defendant filed a petition for resentencing under Penal Code section 1170.95 (section 1170.95).
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