P. v. Roy
On December 8, 2006, James Enriquez was pumping gas at a gas station in Bakersfield when appellant, Cedric Paul Roy, attacked him from behind and knocked him to the ground. As the two men struggled, Roy stated, Give me your wallet. Roy stabbed Enriquez three times in the face, took his wallet, and fled. Officers who arrived on the scene searched the surrounding area and located Roy, who fit the description of the robber provided by Enriquez. Roy fled but was taken into custody after a struggle. Roy had blood on his pants. A search of his person uncovered .8 grams of cocaine base, $304 in paper currency, and an empty wallet.
The judgment is modified to award Roy 248 days of presentence custody credit as calculated above. The trial court is directed to prepare an amended abstract of judgment that incorporates this modification and to forward a certified copy to the Department of Corrections and Rehabilitation. As modified, the judgment is affirmed.
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