People v. Kilgore CA1/2

BACKGROUND

In 2014, Kilgore was convicted of felony grand theft involving a motor vehicle with a prior conviction in violation of section 666.5. He was sentenced to a term of four

1 Further statutory references are to the Penal Code.

1 years to be served in county jail. While serving his sentence, Kilgore assaulted a fellow inmate at the Solano County Detention Facility. In 2015, a jury found him guilty of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)) and found that he inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). The trial court imposed an aggregate sentence of 11 years based on (1) a principal term for the assault conviction of nine years, consisting of the midterm of three years for the offense, plus three years for inflicting great bodily injury, plus three one-year enhancements for prior prison terms, and (2) a subordinate term for the conviction of grand theft with a prior of two years, consisting of one year for the offense (one-third of the midterm), plus one year for a prior prison term. The trial court awarded Kilgore 1152 days of presentence custody credits, based on 576 days of actual time served and another 576…