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People v. Miles

California Court of Appeals, Second District, Fifth Division

October 10, 2013

THE PEOPLE, Plaintiff and Respondent,
v.
MAURICE DEON MILES, Defendant and Appellant.

CERTIFIED FOR PARTIAL PUBLICATION[*]

APPEAL from a judgment of the Superior Court of Los Angeles County, Ct. No. BA385119 Ronald S. Coen, Judge.

Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Robert M. Snider, Deputy Attorney General, for Plaintiff and Respondent.

TURNER, P. J.

I. INTRODUCTION

Defendant, Maurice Deon Miles, appeals from a final judgment of conviction of firearm possession by a felon following a jury trial. (Former Pen. Code [1] §12021, subd. (a)(1), now § 29800, subd. (a)(1); Stats 2010, ch. 711.) (§§ 6; 667, subds. (b)-(i), 667.5, subd., (c)(9), 1170.12, 1192.7, subd. (c)(19).) Defendant had previously been convicted of robbery, a serious and violent felony. On July 19, 2012, defendant received a six-year state prison sentence. Defendant received 830 days of presentence credit, consisting of 415 days of actual custody and 415 of conduct credits.

In the published portion of this opinion, we discuss defendant’s award of presentence conduct credits. Defendant committed his crime prior to the October 1, 2011 effective date of the Criminal Justice Realignment Act of 2011. (People v. Moreno (2013) 218 Cal.App.4th 846, 849; People v. Garcia (2012) 209 Cal.App.4th 530, 540.) But he was sentenced after the effective date of that act on July 19, 2012. Defendant contends his post-September 30, 2011 conduct credits should be calculated so he receives two days of conduct credits for every two days of time actually served. (§ 4019, subd. (f).) He reasons he is entitled to these credits based on the rule of lenity. (In re Tartar (1959) 52 Cal.2d 250, 257; People v. Ralph (1944) 24 Cal.2d 575, 581, overruled on another point in People v. Yates (1983) 34 Cal.3d 644, 650.) We respectfully disagree. We modify the award of presentence conduct credits but otherwise affirm the judgment.

[Parts II is deleted from publication. See post at page 5 where publication is to resume.]

II. TESTIMONY

Defendant was originally charged with six counts. As noted, he was only convicted of a single firearm possession by a felon count. At trial, the prosecution presented testimony from Staneisha Randolph, Maresa Figueroa, and Officer Bradley Nielson. On June 1, 2011, Ms. Randolph lived with a daughter, a nephew, and a brother, Bobbie, in a one-bedroom house. Ms. Randolph’s home was behind the principal residence, which was occupied by Ms. Figueroa. The front of Ms. Randolph’s house was about 10 feet from Ms. Figueroa’s house.

Two weeks before the June 1, 2011 incident, Ms. Figueroa saw defendant, Bobbie, and several others in the backyard passing around a gun. Ms. Figueroa stated the gun was a “dark, shiny, old, pistol, revolver.” She saw defendant hold the gun. Later that night, Ms. Figueroa heard gunfire in her backyard. At trial, Ms. Figueroa testified the firearm defendant held resembled the gun photographed at the scene following defendant’s arrest.

On June 1, 2011, Ms. Randolph was at home. Also present were Ms. Randolph’s daughter and nephew and two visitors, Shawn Reece and Kimdrick Estrada. At about 5 p.m., defendant knocked on Ms. Randolph’s bedroom door. Defendant wanted to talk with Mr. Estrada and Mr. Reece. Mr. Reece and defendant are cousins. Ms. Randolph testified Mr. Estrada and Mr. Reece hid in the bathroom and refused to come out. Defendant became upset and tried to come inside the bedroom by pulling on the door. However, Ms. Randolph held onto the bedroom door and managed to close and lock it. Ms. Randolph then heard defendant rip off the living room door. She ran to the living room and saw defendant barge in with his gun out. Ms. Randolph testified the gun was a revolver. She said the firearm resembled the gun photographed at the scene following defendant’s arrest.

Defendant entered the bathroom and pointed the gun at Mr. Estrada’s ribs. Defendant said to Mr. Estrada, “I will fucking kill you.” From her house, Ms. Figueroa heard defendant say: “Do you think this is a game? I can waste you right now. I’ll do you ...


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