A Santa Clara County Superior Court judge has denied a petition for the recall and resentencing of convicted murderer Richard Allen Davis, according to Sonoma County prosecutors.
Davis was convicted of kidnapping and murdering 12-year-old Polly Klaas in Petaluma in 1993 and was sentenced to death in 1996.
Judge Benjamin Williams dismissed on Friday the petition as an unauthorized challenge to the death sentence, which can only be done through a writ of habeas corpus, according to the Sonoma County District Attorney’s Office.
Senate Bill 483 enacted legislation allowing defendants whose sentences include 1-year enhancement for prior convictions to be recalled and resentenced. Davis’ petition argued that his two prosecutors objected, arguing in an April hearing that the new legislation does not allow for recalling a death sentence.
“We are pleased with the court’s ruling as we believe the remedy sought by the defense at this hearing far surpassed what the legislature intended in enacting SB 483,” District Attorney Carla Rodriguez said.
Davis has challenged his sentence multiple times, with the convictions being reaffirmed in 2009 and a petition for a writ of habeas corpus currently pending, according to the news release.
The victim’s father, Marc Klaas, was present for the Friday ruling, alongside several supporters.