P. v. Simmons
Christopher Dean Simmons appeals following a jury verdict that found him guilty of a single count felony violation of Penal Code section 422: making a criminal threat. He argues that the trial court committed constitutional error when it sustained an objection to a chart addressed to the reasonable doubt standard of proof that his counsel wished to use during closing argument. He also claims that the trial court erred when it failed to award him credit for all his presentence time in custody in this case.
We conclude that the trial court’s exclusion of the chart was not an abuse of discretion, and that its exclusion did not have constitutional implications. We also conclude that the court should have awarded Simmons full credit for his presentence time in custody. Thus, we modify the abstract of judgment to reflect the proper award of credits and, as modified, affirm the judgment.
Comments on P. v. Simmons