(Super. Ct. No. 10F08510)
The opinion of the court was delivered by: Murray , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Following a jury trial, defendant Daeron Young was convicted of felony carrying a loaded concealed firearm, of which he was not the registered owner. (Former Pen. Code, § 12025, subd. (b)(6).)*fn1 The trial court suspended imposition of sentence, placed defendant on five years' formal probation and ordered him to serve 180 days in the county jail. Defendant was awarded presentence custody credit of 27 days, but was not awarded any presentence conduct credits.
On appeal, defendant contends 1) the trial court should have granted his motion for mistrial based on improperly admitted evidence, and 2) he is entitled to presentence conduct credits. We modify the award of credits and affirm as modified.
On December 28, 2010, Aaron Elliott was working at the Majestic Lounge, a bar and dance club in Sacramento. Elliott worked security at the door and frisked people for weapons. He saw defendant leave the club between 10:00 and 11:00 p.m. with a "busted" lip.
Defendant returned to the club 30 to 45 minutes later. Elliott tried to search defendant, but defendant declined. When told he could not enter the club, defendant asked Elliott to go in the club and get his brother "A.J." Elliott agreed and went inside the club, leaving the club's manager, Cheikh Sow, at the front door. Elliott found a person named A.J., but the man said he did not have a brother.
Elliott told Sow that defendant had been in a fight inside the club earlier that night. After Sow told defendant he could re-enter, but would have to be patted down, defendant backed away. Suspicious, Sow placed his hands on defendant's waist. Sow felt a hard object that, based on his five years in the Senegalese military, he thought was a gun. Sow yelled, "He's got a gun," and defendant fled. Sow testified that he and an employee named Dave Curry ran after defendant, following defendant past an apartment complex with a pool.
Sacramento County Sheriff's Deputy Eugene Hardy was at the parking lot of the Majestic Lounge, having responded to a different fight at the club. He heard someone yell, "[h]e's got a gun," and saw defendant being chased down the street by two men, Sow and Elliott. Deputy Hardy activated his lights and followed defendant in his patrol car. During the chase, Deputy Hardy saw defendant make a throwing motion toward the apartment complex's swimming pool and saw an object fly out of defendant's hand, but could not tell exactly what it was. Deputy Hardy described the throwing motion as beginning at defendant's right hip and ...