People v. Toti CA1/5

Filed 11/17/14 P. v. Toti CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A137670

v. GARY ALBERT TOTI, (Marin County Super Ct. No. SC175399A) Defendant and Appellant.

Defendant and appellant Gary Albert Toti (defendant) appeals from his convictions for sodomy of a child and other sexual abuse charges. He contends the trial court erred in refusing to give the jury a pinpoint instruction. We reject that contention, but modify the award of presentence custody credit.

PROCEDURAL BACKGROUND

Defendant was charged by amended information with sodomy of a child 10 years old or younger (Pen. Code, § 288.7, subd. (a);1 counts one and two), oral copulation with a child 10 years old or younger (§ 288.7, subd. (b);…