People V. Cooksey

Defendant, Raphael Deandre Cooksey, appeals from his conviction for second degree robbery. (Pen. Code, § 211.) The trial court also found defendant had previously been convicted of a serious felony. (§§ 667, 1170.12.) He also appeals from the judgment imposed after his probation was revoked in a case where he had earlier pled guilty to discharging a firearm into an inhabited dwelling. (§ 246.) In the published portion of this opinion, we discuss whether a lesser included offense instruction should have been given. Additionally, in the published portion of the opinion, we discuss whether defendant should have received credit for time served on his subordinate state prison term resulting from his probation violation. We modify the judgment to increase the amount of presentence credits.