Ly

I. Introduction

Defendant Bronson Ly appeals from his convictions for first degree murder (Pen. Code, § 187, subd. (a)) and arson. (§ 451, subd. (b).) Defendant argues the trial court improperly: denied his motion made pursuant to People v. Wheeler (1978) 22 Cal.3d 258, 276-277 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]; intruded upon the secrecy of the jury deliberations; and denied presentence custody credits. The Attorney General concedes that the trial court should have awarded presentence custody credits. In the published portion of the opinion, we discuss defendant’s right to presentence conduct credits for a murder committed on February 27, 1996. We affirm the judgment as modified.

II. Factual Background

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 ]; People v. Osband (1996) 13 Cal.4th 622, 690 [ 55 Cal.Rptr.2d 26 , 919 P.2d 640 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 .) On February 27, 1996, defendant’s home burned as the result of arson. Although defendant escaped, his son, Long, perished in the fire. Defendant left the United States for Bangkok,…