P. v. McNabb CA5
Michael Jay McNabb appeals from his convictions for grossly negligent discharge of a firearm, assault with a firearm, and possession of a firearm by a felon. He challenges the trial court’s ruling consolidating two separate cases that were pending against him prior to trial. He fails, however, to demonstrate that the ruling was an abuse of discretion. He also challenges, pursuant to Evidence Code section 352, the trial court’s admission of evidence suggesting that he had used drugs and alcohol while engaging in a prior crime or bad act. This contention too fails as any error was harmless. Finally, McNabb and the People both request us to direct the trial court to modify the abstract of judgment, so as to reflect an additional day of actual presentence custody credit for McNabb. We agree that McNabb is entitled to an additional day of actual presentence custody credit and will direct the trial court to modify the abstract of judgment accordingly. In all other respects, the j
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