McCoy

People v. McCoy

Good Law
146 Cal. Rptr. 3d 469·208 Cal. App. 4th 1333
Court of Appeal of CaliforniaAugust 29, 2012No. C067498California2,857 words

Opinion

Lead Opinion

Butz, J.

*1335 Opinion

A jury found defendant Alan McCoy guilty of a number of offenses that arose out of his attack on the mother of his children in her apartment. The only two of these pertinent to this appeal are burglary and violation of a restraining order. The trial court sentenced him to state prison, awarding conduct credits limited to 15 percent of his actual presentence custody. (Pen. Code, § 2933.1.) 1 Both defendant and his attorney filed notices of appeal.

Defendant argues the trial court’s response to an inquiry from the jury was prejudicially incomplete. He also contends the court erred in imposing sentence for the violation of the protective order because the jury did not necessarily find that it occurred on an occasion separate from the burglary and other remaining offenses (of which he argues it was an indivisible part). We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Viewed through the lens of defendant’s arguments, the focus in our factual account is narrow. Other than giving a thumbnail description of the victim’s background with defendant, we are concerned only with the chronology of the night in question.

Although never married, the…

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