Aubrey
People v. Aubrey
Opinion
Opinion
Sepulveda, J.
J.Appellant Henry Calvin Aubrey III was charged with one felony count of carrying a concealed “dirk or dagger.” (Pen. Code, § 12020, subds. (a), (c)(24)). The information also alleged that, under California’s “Three Strikes” law (§ 667, subds. (b)-(i)), appellant had one “strike” prior felony conviction. In a bifurcated trial, the jury found appellant guilty as charged and found true the allegations about the prior “strike.” Appellant filed a motion for a new trial on the ground that defense counsel was ineffective for conceding that the objects in appellant’s possession met the statutory definition of “dirk or dagger.” After an evidentiary hearing was held with new counsel for appellant, the motion was denied. The trial court sentenced appellant to state prison for the midterm of two years (§ 18), doubled pursuant to sections 667, subdivision (d), and 1170.12, subdivisions (b) and (c), for a total term of four years.
On appeal, Aubrey contends that his trial counsel was ineffective, that the instructions were erroneous, and that presentence conduct credits should have been awarded. We affirm, but remand for calculation of presentence credits.