People v. Robinson
Annotate this CaseAfter defendant penetrated an unconscious woman with his fingers, he challenged evidentiary rulings and requests a presentence conduct credit. The Court of Appeal held that the trial court properly excluded cumulative evidence about past times the woman was intoxicated at the relevant bar, and any error in allowing a drug recognition expert to testify about whether the woman was incapacitated was harmless. However, the court held that the trial court undercalculated defendant's presentence custody credit because he was not convicted of a violent felony under Penal Code section 2933.1, which would otherwise limit those credits. Accordingly, the court directed the trial court to award defendant 104 days of presentence custody credit and to amend the abstract of judgment, affirming in all other respects.
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