Boyd

People v. Boyd

Good Law
Court of Appeal of CaliforniaJune 27, 2024E081005California6,140 words

Opinion

Opinion

I. BACKGROUND

In 2006, a jury convicted Boyd on four felonies: assault with a semiautomatic

firearm (§ 245, subd. (b)), shooting at an inhabited building or vehicle (§ 246), possession

of a firearm by a felon (former § 12021, subd. (a)(1)), and dissuading a witness (§ 136.1,

subd. (a)). A personal firearm use enhancement (§ 12022.5, subd. (a)), prior serious

felony conviction (§ 667, subd. (a)), and prior strike conviction (§§ 667, subds. (b)-(i),

1170.12) were also found true, and the trial court imposed consecutive sentences on all

1 Undesignated statutory references are to the Penal Code.

2 counts. In all, the trial court sentenced Boyd to 27 years in prison with 610 days of

custody credits (§ 2900.5) and 91 days of conduct credits (§§ 2933.1, subd. (c), 4019).

In 2023, Boyd moved for a recalculation of his credits and a new sentencing

hearing. He contended that his credits should have started accruing from the date of his

arrest on a different case, not the date the complaint was filed and he made his first

appearance in the current case, which was several days later. At the hearing on the

motion, the parties agreed that Boyd should have received 616 days of…

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