| Docket: E074122(Fourth Appellate District) Opinion Date: March 25, 2021 Judge: Art W. McKinster Areas of Law: Constitutional Law, Criminal Law |
| Defendant Scott Pettigrew challenged his conviction for the first degree murder of Mimie Cowen, contending substantial evidence did not support the jury’s finding that the murder was premeditated, and the trial court erred prejudicially by instructing the jury with a standard “flight” instruction that it could consider defendant’s postarrest suicide attempts as evidence of a consciousness of guilt. In addition, defendant argued there was no evidence to support the trial court’s implied finding that he had the ability to pay a $514.58 “booking fee,” and the court erred when calculating presentence credits to be applied to his state prison sentence of 25 years to life. In the published portion of its opinion, the Court of Appeal concluded defendant’s conviction for first degree murder was supported by substantial evidence of premeditation. In addition, because there was no evidence defendant fled to avoid arrest or tried to escape from custody, the Court agreed with defendant that the trial court erred by instructing the jury on flight. However, the Court concluded the error was harmless. In the unpublished portion of its opinion, the Court concluded the trial court’s order imposing a “booking fee” without finding defendant had the ability to pay, if error, was harmless. And the Court accepted the State’s concession that defendant was entitled to an additional 21 days of presentence credit. Because the Court found no reversible error, judgment was affirmed as modified to accurately reflect defendant’s presentence custody credits. |
