P. v. James
Filed 2/16/07 P. v. James CA4/2
NOT TO BEPUBLISHED IN OFFICIAL REPORTS
CaliforniaRules of Court, rule 977(a), prohibits courts and parties from citing orrelying on opinions not certified for publication or ordered published, exceptas specified by rule 977(b). This opinion has not been certified forpublication or ordered published for purposes of rule 977.
IN THE COURT OFAPPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATEDISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
CHARLES PAUL JAMES,
Defendant and Appellant.
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E039481
(Super.Ct.No. FWV035361)
OPINION
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APPEAL from the Superior Court of San Bernardino County. Barry L. Plotkin, Judge. Affirmed with directions.
Thomas Owen, underappointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, ChiefAssistant Attorney General, Gary W. Schons, Senior Assistant Attorney General,Peter Quon, Supervising Deputy Attorney General, and Pat Zaharopoulos, DeputyAttorney General, for Plaintiff and Respondent.
Ajury convicted defendant of possessing adeadly weapon. (Pen. Code, § 12020, subd. (a)(1).) In bifurcated proceedings, the trial courtfound defendant had suffered a prior conviction for which he served a prisonterm. (Pen. Code, § 667.5, subd. (b).) He was sentenced to prison for threeyears and appeals, claiming the trial court erroneously failed to hold afurther hearing on possible jurormisconduct and erroneously denied his motions for release of juror informationand for a new trial. We reject his contentions and affirm, while directing thetrial court to amend the abstract of judgment and minutes of the sentencing hearing to reflect thecalculation of defendant's pretrial custody time and credits to which theparties here agree.
Facts
Midafternoon on August 6, 2005, defendant encountered an acquaintance while walking. Defendant wasâ€
Description | A jury convicted defendant of possessing adeadly weapon. (Pen. Code, S 12020, subd. (a)(1).) In bifurcated proceedings, the trial court found defendant had suffered a prior conviction for which he served a prisonterm. (Pen. Code, S 667.5, subd. (b).) He was sentenced to prison for three years and appeals, claiming the trial court erroneously failed to hold a further hearing on possible juror misconduct and erroneously denied his motions for release of juror informationand for a new trial. Court reject his contentions and affirm, while directing the trial court to amend the abstract of judgment and minutes of the sentencing hearing to reflect the calculation of defendant's pretrial custody time and credits to which the parties here agree. |
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