People v. Cargill CA3

Filed 7/23/15 P. v. Cargill CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C076201

Plaintiff and Respondent, (Super. Ct. No. CM038547, CM039814, CM039895, v. CM040239)

KEVIN RUSSELL CARGILL,

Defendant and Appellant.

Defendant Kevin Russell Cargill entered no contest pleas for first degree burglary (Pen. Code, § 459),1 first degree burglary with a person present (§§ 459, 667.5, subd. (c)(21)), receiving stolen property (§ 496, subd. (a)), and possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)) in four unconsolidated cases. He admitted an on-bail enhancement in one of the cases and was sentenced to an aggregate

1 Undesignated statutory references are to the Penal Code.

1

term of eight years eight months in state prison. On appeal, defendant contends the trial court erred by calculating his actual custody and conduct credit separately, instead of aggregating his actual days in custody in all cases, and multiplying the sum by 15 percent, which would have yielded one additional day of credit. Finding no error, we affirm the judgment. BACKGROUND This appeal involves four separate cases, which are briefly described post.2 Case No. CM038547 On April 25, 2013, defendant was charged by complaint in case No. CM038547 with one count of second degree commercial burglary (§ 459—count 1), and one count of receiving stolen property (§ 496, subd. (a)—count 2). Case No. CM039814 On November 4, 2013, defendant was charged by complaint with one felony count of possession of a controlled substance, Oxycontin (Health & Saf. Code, § 11350, subd. (a)—count 1), one felony count of possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)—count 2), one felony count of bringing an illegal substance into a jail facility (Pen. Code, § 4573.5—count 3), and one misdemeanor count of possession of an opium pipe (Health & Saf. Code, § 11364.1, subd. (a)(1)—count 4). The complaint also alleged that defendant was released from custody on bail or on his own recognizance in case No. CM038547 at the time of the offenses charged in counts 1, 2, and 3. (Pen. Code, § 12022.1.) Case No. CM039895 On November 4, 2013, a complaint was filed charging defendant and a codefendant with one felony count of first degree residential burglary (§ 459—count 1),