People v. Moore CA4/1

Filed 11/30/23 P. v. Moore CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081699

Plaintiff and Respondent,

v. (Super. Ct. No. SCD290659)

GIOVONNI ARMAINI MOORE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Reverse and remand to correct number of conduct credits and affirm in all other respects. Kirstin M. Ault, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Daniel Rogers and Amanda Lloyd, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION Giovonni Armaini Moore appeals from a January 9, 2023, sentencing order that he claims denied him of 106 days of conduct credit for the time he spent at Patton State Hospital (Patton) after January 1, 2022, in violation of Penal Code section 4019.1 The People concede Moore is entitled to an additional 106 days of conduct credit. We agree.

II. FACTUAL AND PROCEDURAL BACKGROUND On June 25, 2021, the San Diego County District Attorney filed a complaint charging Moore with one count of felony robbery, in violation of section 211, and one count of misdemeanor battery, in violation of section 242, after he struck a woman and took her personal property. On July 7, 2021, proceedings were suspended pursuant to section 1368 pending Moore’s mental competency evaluation. On September 27, 2021, the court received a competency evaluation, found Moore not mentally competent to stand trial, and ordered Moore committed to Patton. On June 17, 2022, the court received a further competency evaluation, determined Moore was mentally competent to stand trial, and reinstated the criminal proceeding. On December 8, 2022, pursuant to a plea agreement, Moore pleaded guilty to one count of robbery, in violation of section 211, and admitted his 2017 burglary conviction was a strike prior, pursuant to sections 667, subdivisions (b) through (i), 668, and 1170.12. Moore stipulated to a six-year prison sentence. In the January 9, 2023, Stipulated Sentence Report, the probation department indicated Moore was confined in county jail from June 23, 2021