Philpot

People v. Philpot

Good Law
122 Cal. App. 4th 893·19 Cal. Rptr. 3d 280·2004 Cal. App. LEXIS 1607·2004 D.A.R. 12·2004 Daily Journal DAR 12061
Court of Appeal of CaliforniaAugust 27, 2004No. E034238California5,720 words

Opinion

lead Opinion

Richli, J.

A jury found defendant guilty of two counts of unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a)) (counts 1 and 2); one count of grand theft of personal property (Pen. Code, § 487, subd. (a)) 1 (count 3); and one count of misdemeanor battery (§ 242) (count 4). The jury also found true that defendant had sustained three prior strike convictions within the meaning of sections 667, subdivisions (b) through (i), and 1170.12, subdivisions (a) through (d). As a result, defendant was sentenced to 25 years to life on count 1, counts 2 and 3 were stayed pursuant to section 654, and he was sentenced to time served on count 4.

On appeal, defendant contends (1) his conviction on count 2 must be reversed because an automobile with an attached trailer supports only one conviction for unlawful driving or taking of a vehicle; (2) the trial court abused its discretion by refusing to strike his prior strike convictions; and (3) he is entitled to 110 days of additional presentence custody credits for time served. We agree with defendant that he is entitled to 110 more days of custody credits. We reject defendant’s remaining contentions.

*898 I

FACTUAL BACKGROUND

On…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.