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PEOPLE v. GAULT

No. B224925.

THE PEOPLE, Plaintiff and Respondent, v. JAMES MICHAEL GAULT, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

Filed February 3, 2012.

Attorney(s) appearing for the Case

Law Offices of Helen Simkins Irza and Helen S. Irza , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Senior Deputy Attorney General, James William Bilderback II and Sonya Roth , Deputy Attorneys General for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

CHAVEZ, J.

Defendant and appellant James Michael Gault appeals from his conviction of two counts of making criminal threats. He contends that the trial court erred in failing to give sua sponte, an instruction regarding unanimity, such as CALCRIM No. 3500. Defendant also contends that the trial court applied an incorrect formula in calculating custody credit. We agree that the custody credit was incorrect and modify...

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