People v. Moore CA5

INTRODUCTION

Appellant, Dual Esco Moore, was convicted on June 4, 2012, at the conclusion of a jury trial of attempted second degree robbery (Pen. Code, §§ 211 & 664, count 1)1 and acquitted of second degree commercial burglary (§§ 459 & 460, count 2). In a bifurcated proceeding, appellant waived his right to a trial and admitted a prior prison term enhancement (§ 667.5, subd. (b)). On July 2, 2012, the trial court sentenced appellant to prison for two years plus a consecutive term of one year for the prior prison term enhancement. Appellant received actual custody credits of 49 days and conduct credits of 7 days, for total custody credits of 56 days. Appellant contends the trial court erred in failing to instruct the jury on self- defense. Appellant also argues that the trial court erred in limiting his conduct credits pursuant to section 2933.1 rather than awarding him two days of custody credits for every two days he was in jail pursuant to section 4019. We order a correction be made to appellant’s conduct credits but otherwise affirm the judgment.

FACTS

Christopher Montoya was working on February 18, 2012, as a loss prevention agent at the CVS pharmacy at Shields and West…