P. v. Martinez-Berumen
A jury convicted Rafael Martinez-Berumen (appellant) of carrying a concealed dirk or dagger in violation of Penal Code section 12020, subdivision (a)(4).[1] In a separate trial, the court found that he had suffered a prior “strike†conviction within the meaning of section 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). He was sentenced to four years in prison. On appeal, he contends that the trial court abused its discretion in ordering counsel to reopen closing statements after commencement of jury deliberations in response to the jury’s inquiries. He also contends that this court must independently review the trial court’s in camera hearing on his Pitchess motion for pretrial discovery. Finally, he contends that the trial court incorrectly calculated presentence custody credits. We order the abstract of judgment to be modified to reflect the correct presentence custody credits but otherwise affirm.
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