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The People v. Marvin Calvin Graves

June 27, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MARVIN CALVIN GRAVES, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 10F3478 & 06F8530)

The opinion of the court was delivered by: Duarte , J.

P. v. Graves

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Marvin Calvin Graves of receiving stolen property in case No. 10F3478. (Pen. Code,*fn1 § 496, subd. (a).) Based on his conviction, the trial court revoked defendant's probation in case No. 06F8530.

Defendant was sentenced to state prison for seven years eight months, consisting of seven years in case No. 06F8530 and eight months consecutive in case No. 10F3478. In case No. 06F8530, he received 105 days of actual custody credit and 52 days of conduct credit; in case No. 10F3478, he received 104 days of actual custody credit and 52 days of conduct credit.

On appeal, defendant contends (1) the prosecutor committed prejudicial misconduct during his closing argument, and (2) he is entitled to an additional 52 days of conduct credit in case No. 10F3478. The People concede the latter point.

On our own motion, we deemed defendant's notice of appeal in case No. 10F3478 to include case No. 06F8530. We ordered simultaneous letter briefs addressing the calculation of conduct credits in case No. 06F8530. Both parties agree that defendant is entitled to an additional 53 days of conduct credit in that case, for a total of 210 days of credit.

We shall affirm but agree with the parties as to the need to correct the credit determinations in both cases; we shall modify the judgments accordingly.

FACTS

People's Case-in-Chief

James Harrison was a rancher who tended approximately 500 cows for the Elwood Ranch, which maintained several properties including one in the Igo-Ono area. He visited the property once a week to tend the cows. During a visit in January 2010, he noticed that three green metal gates were missing. The gates had been on the property approximately 10 years. One of them was unique in that ranch personnel had welded a metal loop onto the gate. Harrison did not report the theft to law enforcement until later that same month when California Highway Patrol Officer Randy Rudd requested to hunt on the property.

After noticing that his gates were missing, Harrison drove past defendant's property off of Gas Point Road where he recognized one of the missing gates. The gate had been painted white, but the welded loop was visible on the top of the gate. Harrison confronted defendant and requested ...


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