People v. James CA3

California Court of Appeal Feb 26, 2015 No. C076303Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the defendant was entitled to presentence conduct credits under Penal Code section 4019 and that his challenge to the probation condition prohibiting entry into all Walmart stores in the county was forfeited and meritless.

Issues

Whether the defendant is entitled to presentence conduct credits under Penal Code section 4019.
Whether the probation condition prohibiting the defendant from entering any Walmart store in Sacramento County is unconstitutionally overbroad.

Disposition. affirmed as modified

Quotations verified verbatim against the opinion

“We conclude defendant is entitled to an award of presentence conduct credits but forfeited his challenge to the probation condition, and even if he had not forfeited the challenge, it would fail because the probation condition is not unconstitutionally overbroad.”

“The judgment (order of probation) is modified to reflect that defendant is entitled to 32 days of presentence conduct credit in addition to the 32 days of actual credit previously awarded.”

Filed 2/26/15 P. v. James CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C076303

Plaintiff and Respondent, (Super. Ct. No. 13F04451)

TYRELL VONTE JAMES,

Defendant and Appellant.

Defendant Tyrell Vonte James pleaded no contest to carrying a concealed firearm in a vehicle (Pen. Code, § 25400, subd. (a)(3)—count one),1 carrying a loaded firearm in public (§ 25850, subd. (a)—count two), and willful resistance, delay, or obstruction of a peace officer (§ 148, subd. (a)(1)—count three). As to count one, he admitted the firearm was loaded and that he was not its registered owner. (§ 25400, subd. (c)(6).) As to count two, he admitted he was not the registered owner of the firearm. (§ 25850, subd. (c)(6).)

1 Undesignated statutory references are to the Penal Code.

The trial court suspended imposition of sentence and ordered defendant to serve five years of formal probation, including as a condition of probation that defendant serve 305 days in county jail for count one and a consecutive 60 days in county jail for count two. The court also awarded defendant 32 days of credit for time served, and ordered him not to enter any Walmart store in Sacramento County for the duration of his probation.

On appeal, defendant contends the trial court (1) erred in failing to award presentence conduct credits pursuant to section 4019, and (2) imposed an unconstitutionally overbroad probation condition by prohibiting defendant from entering any Walmart store in Sacramento County. We conclude defendant is entitled to an award of presentence conduct credits but forfeited his challenge to the probation condition, and even if he had not forfeited the challenge, it would fail because the probation condition is not unconstitutionally overbroad. Therefore, we modify the judgment (order of probation) to award 32 days of presentence conduct credit, and affirm the judgment as modified.

People v. James CA3

AI Brief

THE PEOPLE, C076303

TYRELL VONTE JAMES,

More from California Court of Appeal

Related research

DISCUSSION

I. Conduct Credits

II. Probation Condition

DISPOSITION

BUTZ , J.

DUARTE , J.

AI Brief