People v. Gbadebo-Soda

Opinion

BROWN (G. A.), J.

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Appellant Adamson Gbadebo-Soda appeals from a judgment entered on a jury verdict finding him guilty of two counts of

[1373]

failure to appear (counts II and III; Pen. Code, § 1320, subd. (b)).

1

The jury failed to agree on a third count of escape (count I).

Procedural Facts

On August 26, 1987, an information was filed charging appellant with escape from the Fresno County jail on August 9, 1986 (§ 4532, subd. (b)). On October 7, 1987, after a section 1368 competency hearing, the court found appellant competent to stand trial.

On December 1, 1987, another information was filed charging appellant with two counts of failure to appear (§ 1320, subd. (b)). These counts arose out of appellant’s failure to appear in the municipal court for a preliminary hearing on September 3, 1986, on two separate complaints each charging appellant with violation of section 476a, subdivision (a) (insufficient funds).

On February 5, 1988, the information charging escape and the informations charging two counts of failure to appear were consolidated for trial. The jury returned its verdict on March 25, 1988, after a four-day trial.

Appellant was sentenced to the lower term of 16 months in state prison on count II, and 16 months on count III, with the term for count III to run concurrently to count II. Appellant was granted 262 days actual local time, and 131 days local conduct credits, for a total of 393 days credit.

Facts

On August 9, 1986, appellant was a resident of the Fresno County jail as a result of a number of charges of violating section 476a, subdivision (a) (insufficient funds), several counts of insurance fraud (Ins. Code, § 556, subd. (a)(1) & subd. (a)(3)), burglary (§ 459) and grand theft (§ 487, subd. 1). His total bail was $1,750,000.