P. v. Michaels
Filed 3/20/06 P. v. Michaels CA2/7
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. MARTY A. MICHAELS, Defendant and Appellant. | B182359 (Los Angeles County Super. Ct. No. KA062286) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Bruce F. Marrs, Judge. Affirmed with directions.
David McNeil Morse, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Mary Sanchez and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.
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We review this case for the second time. Marty A. Michaels appeals from the judgment entered following his negotiated plea of no contest to feloniously evading a pursuing police officer (Veh. Code, § 2800.2, subd. (a)) with an admission the offense was committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)). His sole contention on this appeal is his total presentence custody credits were miscalculated. We agree and modify the sentence.
As a result of Michaels's first appeal, we remanded the matter for further proceedings to determine the truth of his prior felony conviction allegation and for resentencing because of procedural errors in connection with taking his plea. (People v. Michaels (June 23, 2004, B171817) [nonpub. opn., opn. mod. rehg. den. July 12, 2004].) On remand, following a court trial, the trial court found that Michaels had suffered a prior serious felony conviction within the meaning of the â€
