P. v. Hurtado CA4/2
After becoming angry at his neighbor’s dogs, defendant and appellant Salvador Albert Hurtado grabbed a rifle from his closet and fired shots toward his neighbor’s property. Following a jury trial, defendant was convicted of gross negligent discharge of a firearm (Pen. Code, § 246.3, subd. (a); count 2). Thereafter, defendant was placed on formal probation for a period of three years on various terms and conditions of probation, including serving 275 days in county jail with 275 days of credit for time served.
On appeal, defendant contends (1) the trial court committed prejudicial error when it failed to instruct the jury with a unanimity instruction (CALCRIM 3500), and (2) he is entitled to additional conduct credits pursuant to section 4019. We agree with the parties that defendant is entitled to additional conduct credits, but reject defendant’s remaining contention. Accordingly, we affirm the judgment as modified.
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