Calles

People v. Calles

Good Law
147 Cal. Rptr. 3d 673·2012 Cal. App. LEXIS 1053·209 Cal. App. 4th 1200·2012 WL 4753521
Court of Appeal of CaliforniaOctober 5, 2012No. B225763California10,512 words

Opinion

Lead Opinion

Mosk, J.

INTRODUCTION

Defendant and appellant Bryan Calles (defendant) was convicted of two counts of gross vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)), 1 three counts of leaving the scene of an accident (Veh. Code, § 20001, subd. (a)), and one count of second degree murder (§ 187, subd. (a)). On appeal, defendant claims that certain errors occurred at trial. In the published portion of this opinion, we hold that the jury did not commit misconduct by using a watch to time a period in question in order to consider the events that could have taken place in that period. We also hold that the trial court erred in failing to dismiss certain counts and by staying or failing to stay execution on defendant’s sentence with respect to certain counts and enhancements. The trial court also erred in awarding defendant presentence custody credits and failing to impose a criminal conviction assessment. We *1205 reverse and remand the matter for sentencing consistent with this opinion, and otherwise affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence

Juan Rodriguez worked with defendant at the Bullet Freight Company. On May 16, 2008, they were scheduled…

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