People v. Carpenter

Opinion

TAYLOR, P. J.

Defendant, Ricky Allen Carpenter, appeals from a judgment of conviction entered on a jury verdict finding him guilty of first degree murder (Pen. Code, § 187), petty theft (Pen. Code, § 484) and use of a knife (Pen. Code, § 12022, subd. (b)). He contends that; 1) the prosecution committed prejudicial misconduct in the opening argument; 2) the court erred by giving an incomplete instruction on diminished capacity; and 3) pursuant to Penal Code section 4019, he was entitled to an additional “good time” credit of 94 days for presentence time served. We have concluded that the…