People v. Miller

Appellant appeals from a judgment of conviction following jury trial of violating Penal Code section 211, robbery (count I) and Penal code section 245, subdivision (a), assault by means of force likely to produce great bodily injury (count II). Appellant was sentenced to state prison for the aggravated term of four years on the robbery. Sentence on the felony assault conviction was stayed pending completion of sentence on the robbery.

Appellant makes three contentions on appeal: (1) the trial court committed reversible error as to count II by failing to define great bodily injury as twice requested by the jury; (2) resentencing is required on the robbery conviction because the trial judge failed to state his reasons for imposing the upper prison term; and (3) appellant is entitled to work/good time credit on his prison term for time spent in presentence custody.

For the reasons to be explained, we accept appellant’s first two contentions and reject the third contention.

Facts

On May 20, 1978, at approximately 1 a.m. the victim Clyde Taylor, a farm worker, was sitting near Lakeview Avenue in Bakersfield, California, drinking a beer. Appellant came up to Mr. Taylor and…