P. v. Castro
Albert Manuel Castro appeals from the judgment entered upon his convictions by jury of attempted murder (Pen. Code, §§ 664, 187, subd. (a), count 1),[1] assault with a firearm (§ 245, subd. (a)(2), count 3), and aggravated mayhem (§ 205, count 7). The jury found to be true with respect to count 1 the allegation that the attempted murder was committed willfully, deliberately and with premeditation (§ 664, subd. (a)), with respect to all counts the allegations that the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)) and the allegation that appellant personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)), and with respect to counts 1 and 7 the allegation that a principal personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subds. (d) & (e)(1)). The trial court sentenced appellant to an aggregate state prison term of 40 years to life. Appellant contends that (1) the trial court erroneously admitted his statements made to police after he unambiguously invoked his Miranda[2] right to counsel, in violation of the Fifth and Fourteenth Amendments, (2) his statements to police should have been suppressed because the Miranda warning he received failed to advise him that anything he said could be used against him in court, (3) admission in evidence of appellant’s involuntary statements to police violated his due process rights under the California and United States Constitutions, (4) there is insufficient evidence to support appellant’s aggravated mayhem conviction, and (5) the trial court erroneously failed to award him presentence conduct credits. Appellant also requests that this court conduct an independent in camera examination of the Pitchess[3] hearing.
We modify the conduct credits and otherwise affirm.
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