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The People v. Robert Winston Precobb

February 19, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROBERT WINSTON PRECOBB, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F01865)

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

P. v. Precobb 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Robert Winston Precobb of annoying and molesting a minor child with prior convictions for lewd acts (Pen. Code, § 647.6, subd. (c)(2); count one) and four counts of furnishing or offering to furnish marijuana to a minor (Health & Saf. Code, § 11361, subd. (b); counts two through five). The jury found three strike prior allegations to be true. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.)

Sentenced to state prison, defendant appeals. He contends (1) insufficient evidence supports his conviction on count two (furnishing marijuana to minor I.B.) and (2) the trial court erroneously failed to award conduct credit. We conclude that sufficient evidence supports defendant's conviction on count two. We will modify the judgment to provide for conduct credit and otherwise affirm the judgment.

FACTS*fn1

On February 26, 2010, the 55-year-old defendant checked into a motel with the financial assistance of his former attorney, who also gave him cash for living expenses. Defendant used a shuttle bus to travel to downtown and Old Sacramento. Defendant lived at the motel until his arrest on March 16.

On March 5 defendant, pretending to be a tourist named Richard, approached a group of young people at the east end of the Downtown Plaza shopping mall and asked for someone to show him around town. After 14-year-old I.B. told defendant about some nightclubs and stores on K Street, defendant departed alone.

About 10:00 p.m., I.B. and his friends returned to the area and smoked some marijuana. Defendant sat down next to them. After I.B.'s friends boarded the light rail, I.B. and defendant walked around downtown. Defendant asked I.B., "[D]o you know where we can get some weed?" I.B. thought they could ask around but explained he did not have any money. Defendant gave I.B. some money and I.B. obtained a small amount of marijuana from an unidentified man. Defendant bought some beer.

Defendant and I.B. walked to Old Sacramento and then along the river to defendant's motel. Along the way, defendant shared a beer with I.B. Upon arrival at the motel, defendant invited I.B. into his room, but upon defendant's suggestion in order to avoid suspicion, they entered separately.

In the room, I.B. lied and said his name was Jonathan and that he was either 16 or 18 years old; he gave the correct name but not the address of his school. Using all the marijuana I.B. had obtained with defendant's money, defendant "rolled a joint" and they smoked it together in the bathroom.

I.B. spent the rest of the night in defendant's motel room, sitting in a chair and watching television. Defendant made some advances but I.B. declined.

In the morning, defendant left to run some errands. Before he left, he gave I.B. $40 or $45 to buy some more marijuana and something for himself. I.B. ...


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