People v. Thurman CA3

Filed 1/12/26 P. v. Thurman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Siskiyou) ----

THE PEOPLE, C103734, C104031

Plaintiff and Respondent, (Super. Ct. Nos. 24CF12885, 24CF12919) v.

SHABAKA LAMUMBASEIKO THURMAN,

Defendant and Appellant.

Appointed counsel for defendant Shabaka Lamubaseiko Thurman has asked this court to conduct an independent review of the record in case Nos. C103734 and C104031 to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) On our own motion, we consolidated the appeals for purposes of oral argument and decision. Having reviewed the record as required by Wende, we find the

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trial court erred in calculating Thurman’s presentence custody credits under Penal Code1 section 4019, and we will otherwise affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In case No. 24CF12885 (case No. 885), a complaint deemed an information charged Thurman with injuring a cohabitant (§ 273.5, subd. (a)—count 1); assault with force likely to produce great bodily injury (§ 245, subd. (a)(4)—count 2); criminal threats (§ 422, subd. (a)—count 3); false imprisonment (§ 236—count 4); driving a vehicle without consent (Veh. Code, § 10851, subd. (a)—count 5); unauthorized use of personal information (§ 530.5, subd. (a)—count 6); vandalism (§ 594, subd. (a)—count 7); misdemeanor child abuse (§ 273a, subd. (a)—count 8); and misdemeanor theft (§ 484, subd. (a)—count 9). The information further alleged a great bodily injury enhancement related to count 2 (§ 12022.7, subd. (e)) and that Thurman personally used a knife related to count 3 (§ 12022, subd. (b)(1)). There were also several circumstances in aggravation alleged. In case No. 24CF12919 (case No. 919), a first amended complaint deemed an information charged Thurman with two counts of assault upon a peace officer (§ 245, subd. (c)—counts 1 & 2); fleeing a police officer while driving recklessly (Veh. Code, § 2800.2—count 3); hit and run resulting in property damage (Veh. Code, § 20002, subd. (a)—count 4); misdemeanor resisting arrest (§ 148, subd. (a)(1)—count 5); and misdemeanor giving a false report (Veh. Code, § 31—count 6). The information further alleged Thurman committed the offenses while on felony probation and was presumptively ineligible for probation (§ 1203, subds. (e)(4) & (k)) and committed the offenses while released from custody as to counts 1 through 3 (§ 12022.1, subd. (b)). The information also alleged several circumstances in aggravation.