P. v. McElveen
Defendant Thomas Douglas McElveen appeals the judgment and sentence imposed after a jury returned guilty verdicts on charges in case number SC150298A that he committed felony petty theft with a prior (Penal Code, 666)[1] and misdemeanor battery ( 242). In case number SC133009A, defendant appeals the trial courts decision to revoke his probation. Defendant contends: (1) He was denied his federal constitutional right to be present during all critical phases of his trial when the trial court allowed a jury readback to occur outside his presence; (2) his counsels failure to advise him he had a constitutional right to be present during the readback constitutes ineffective assistance; (3) the trial court abused its discretion in sustaining a petition for revocation of probation in SC133009A; (4) he was denied his federal constitutional right to notice of the allegation upon which probation was revoked; (5) the trial court erred in allocating pre-sentence custody credits; and, (6) he was denied his federal due process rights and equal protection rights as a result of the trial courts failure to award pre-sentence custody credits. Finding defendants contentions without merit, Court affirm.
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