People v. Moreau CA5

Filed 12/11/15 P. v. Moreau CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069404 Plaintiff and Respondent, (Super. Ct. No. RF6496A) v.

KEVIN MICHAEL MOREAU, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. Michael J. Pinkerton, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Poochigian, J.

INTRODUCTION Appellant Kevin Michael Moreau stands convicted of a violation of Penal Code section 422, criminal threats.1 Moreau contends the evidence is insufficient to support the conviction, in that the statement was not unequivocal and immediate. Moreau also contends the case should be remanded for the trial court to exercise its discretion to reduce the fines and fees imposed based upon excess time in custody, as he was sentenced to a term of 16 months in prison but awarded 788 days of credit, which exceeds the term imposed. We remand for the trial court to exercise its discretion under section 2900.5 and otherwise affirm. FACTUAL AND PROCEDURAL SUMMARY On September 19, 2012, Kirk Collado was killed in a motorcycle accident in Ridgecrest. Shortly after the accident, Moreau contacted the Ridgecrest Police Department (the Department) and claimed he was Collado’s father. Moreau sent a letter to the Department, alleging Collado had been murdered and that another son, Joshua, had something to do with the murder. Police Chief Ronald Strand responded to Moreau’s letter, stating that there was no evidence of foul play, but that the matter had been forwarded to the district attorney’s office for review. Moreau spoke with Sergeant Justin Dampier by telephone on several occasions and came into the police station on two occasions in search of records. Dampier was the records supervisor at the time and Moreau was seeking records and information Dampier thought the Department could not release to him. When Moreau was in the police station, he was extremely agitated, raised his voice, and became increasingly upset when Dampier indicated he could not provide all the documents Moreau was requesting. In some of the telephone calls, Moreau was requesting property be turned over to him that he thought belonged to him.