People v. Jackson

After a jury convicted appellant of robbery (Pen. Code, § 211), he waived jury regarding three “serious felony” conviction allegations (§ 667, subd. (a)). The trial court found each true. Appellant was sentenced to state prison for a total term of twenty years, the upper five-year term for robbery and 3 five-year consecutive terms for the prior felony convictions. Appellant was credited with 177 custody days. On appeal, appellant contends: (1) the trial court erred in denying his suppression motion (§ 1538.5), (2) insufficient evidence supports one felony conviction allegation, (3) and he is entitled to 178, not 177, days’ custody credit. We find the second contention has merit and accordingly we reverse part of the judgment but otherwise affirm the judgment.

Factual Background

There being no insufficiency of evidence claim concerning guilt, the facts may be simply stated.

On January 17, 1991, shortly before 2 a.m., appellant and a female companion approached the victim, Melvin Nelson, in an alley near 21st Street and Magnolia in Long Beach. Appellant had an unlit cigarette in his mouth and asked the victim for a light. The two, appellant and the victim, talked for a…