People v. Morgan CA3

Filed 9/24/25 P. v. Morgan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C100854

Plaintiff and Respondent, (Super. Ct. No. 23FE001753)

v.

THOR MORGAN,

Defendant and Appellant.

Defendant appeals a judgment entered following his no contest plea to unlawful sexual intercourse (Pen. Code, § 261.5, subd. (c); statutory section citations that follow are to the Penal Code) and sexual penetration of the same victim (§ 289, subd. (h)). He contends the trial court erred in failing to award him presentence custody credit for the day of his sentencing hearing resulting in the denial of any conduct credit. We affirm the judgment.

FACTS AND HISTORY OF THE PROCEEDINGS This short summary is derived from the agreed upon factual basis for defendant’s plea. On or around December 2021, defendant sexually propositioned a 16-year-old girl

1

more than three years younger than defendant was who was staying at defendant’s home. Defendant put his hand inside her pants and inserted his fingers into her vagina. He then pulled down her pants, spread her legs, and placed his penis in her vagina. Defendant was arrested on March 13, 2023, and released on bail the same day. He resolved the court case that followed by entering an open plea of no contest to unlawful sexual intercourse (§ 261.5, subd. (c)) and sexual penetration of the same victim (§ 289, subd. (h)). Defendant remained out on bond pending sentencing. Defendant’s sentencing occurred March 1, 2024. The trial court denied defendant’s request for probation and sentenced him to an aggregate prison term of two years, comprised of the low term of 16 months for the unlawful intercourse plus eight months for the sexual penetration. The trial court awarded one day actual custody credit, and defendant was taken into custody following sentencing. He timely appealed and did not request a certificate of probable cause. Appellate briefing in this matter concluded on July 25, 2025.