California Court of Appeal

P. v. Davis, C051803, C051963

Sentences and joint convictions for attempted murder and a firarms-related charge and conviction for conspiracy to murder for one defendant are affirmed where: 1) wiretap evidence is subject to the normal rule that a party seeking exclusion must object or move to suppress in the trial court, or claims of inadmissibility will be deemed forfeited on appeal; 2) the corpus delicti rule does not apply to uncharged acts, except when uncharged acts are used in the penalty phase of a capital trial; and 3) the People agreed that one of defendants was entitled to additional custody credits and identified an error in the other defendant's abstract of judgment.

Appellate Information

• Decided 11/20/2008
• Published 11/20/2008

Judges

• MORRISON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Christine Vento (Davis), Los Angeles, and Janet J. Gray (Munoz), under appointment by the Court of Appeal, for Defendants and Appellants., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans and Robert Gezi, Deputy Attorneys General, for Plaintiff and Respondent.