P. v. Lindini
Kern County detention officers beat James Moore to death after Moore became uncooperative while being booked at the Kern County Central Receiving Facility, a county jail. Defendant Daniel Thomas Lindini was one of the officers who used force against Moore. A jury found him guilty of involuntary manslaughter and assault under color of authority. The court imposed a two-year prison term for involuntary manslaughter and stayed the sentence for the assault.
In this appeal, Lindini argues that (1) the evidence presented at trial was insufficient to support the convictions; (2) he was denied due process of law on both counts because his assaultive acts as shown at the preliminary hearing were different from the acts shown at trial; (3) the court erred when it failed to tell the jury it must unanimously agree about which of several independently sufficient acts was the basis of its verdict on assault under color of authority; and (4) he is entitled to retroactive recalculation of presentence credits for good conduct and work time based on Penal Code section 4019 as amended effective January 25, 2010. We affirm the judgment.
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