People v. McRorie CA3

Filed 12/21/20 P. v. McRorie CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C090886

Plaintiff and Respondent, (Super. Ct. Nos. 15F4557, 15F4627) v.

ROBERT VERNON MCRORIE,

Defendant and Appellant.

Defendant Robert Vernon McRorie was convicted of the unlawful taking of a vehicle in Shasta County Superior Court, case No. 15F4627, and grand theft in Shasta County Superior Court, case No. 15F4557, and granted probation in both cases. Defendant later violated his probation and the trial court sentenced him to eight months in prison on each conviction, to be served consecutive to another prison term he was serving for a conviction in Tehama County. On appeal, defendant contends the trial court erred when it sentenced him to consecutive eight-month terms but did not award him custody credits in both cases. We disagree and affirm the trial court’s judgment.

1

FACTS AND PROCEDURAL HISTORY On July 5, 2015, defendant was arrested in Shasta County and released the same day. On August 6, 2015, the District Attorney charged defendant with grand theft (Pen. Code, § 487, subd. (a); Statutory section references that follow are to the Penal Code unless otherwise stated) and vandalism (§ 594, subd. (b)(1)) in Shasta County Superior Court case No. 15F4557 (case No. 557). The People charged defendant with numerous violations of the Vehicle Code on August 11, 2015, including the unlawful taking or driving of a motor vehicle (joyriding) (Veh. Code, § 10851, subd. (a)) in Shasta County Superior Court case No. 15F4627 (case No. 627). On August 14, 2015, defendant (who was out of custody on bail) pleaded not guilty to the charges in case Nos. 557 and 627. On September 23, 2015, the trial court issued a warrant for defendant’s arrest after he failed to appear for a scheduled hearing and his bond was forfeited. On October 21, 2015, defendant was released on his own recognizance with restrictions. On October 29, 2015, defendant’s trial counsel declared a doubt as to defendant’s competency to stand trial and criminal proceedings were suspended. On December 17, 2015, defendant was taken into custody “on new charges” after he failed to appear at a scheduled appointment with the court-appointed psychologist. The trial court found defendant incompetent to stand trial on January 21, 2016, and referred him to the “Conditional Release Program.” On February 11, 2016, the trial court referred defendant to the trial competency program at the Department of State Hospitals. On May 16, 2016, while still in custody, defendant was found competent to stand trial and criminal proceedings were reinstated.