P. v. Coleman
Raymond Coleman appeals from the judgment entered following his conviction by a jury of unlawful possession of a firearm by a felon with special findings by the jury he had committed the offense for the benefit of a criminal street gang and by the court in a bifurcated proceeding he had suffered one prior serious or violent felony conviction within the meaning of the Three Strikes law. Coleman contends there was insufficient evidence to support the gang enhancement; Judicial Council of California Criminal Jury Instruction (CALCRIM) Nos. 220 and 222 are constitutionally deficient because they preclude the jury from considering the lack of evidence as a basis for finding reasonable doubt; and the trial court miscalculated his presentence custody credits. Colemans substantive arguments are without merit; but, as the Attorney General concedes, the trial court improperly limited his conduct credits to 15 percent of his actual custody time. Accordingly, Court affirm the judgment of conviction and the aggregate sentence imposed but remand the matter to the trial court to recalculate Colemans presentence custody credit.
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