PEOPLE v. HILL
Filed 8/31/06
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. KENNETH HILL, Defendant and Appellant. | C050155
(Super. Ct. No. 04F10832)
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APPEAL from a judgment of the Superior Court of Sacramento County, Gary S. Mullen, J. Affirmed as modified.
Gregory Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Charles A. French and Brook Bennigson, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant made a criminal threat for the benefit of a criminal street gang. Sentenced to prison, he appeals, contending (1) we should apply a Ninth Circuit Court of Appeals decision requiring, for a gang enhancement, that the crime be committed with the intent to enable or further other criminal conduct by the gang and therefore find there was insufficient evidence to support the gang enhancement here and (2) the trial court erred in calculating his presentence custody credits. We decline to adopt the Ninth Circuit's reasoning because it conflicts with the plain language of the gang enhancement statute. We agree, however, that the trial court improperly calculated presentence custody credits and therefore modify the judgment.
FACTS
On an evening in November 2004, the vehicle that defendant was driving scraped against Alesia Monroe's vehicle. Defendant had lost his vision in one eye and may have misjudged the distance. He was trying to maneuver around her as she was stopped in the middle of the street. They exited their vehicles and had words. Monroe told defendant to look where he was going, and defendant, saying something about Nogales Gangster Crips, told her she had â€
