P. v. Chavez CA5
Vincent Chavez appeals his conviction for attempted dissuasion of a witness by threat of force. He contends this conviction must be reversed because the trial court prejudicially erred in failing to instruct the jury on the entrapment defense, in relation to the attempted dissuasion charge. We reject this contention because the record discloses no basis for giving an entrapment instruction in relation to the attempted dissuasion charge. Chavez next argues the trial court improperly calculated his presentence conduct credit and requests remand for correction of the error. We agree the trial court erred in its calculation of Chavez’s presentence conduct credit and will remand for the trial court to recalculate the credit. In all other respects, we affirm the judgment.
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