P.v . Roalston

Filed 2/22/07  P.v . Roalston CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

            The opinion filed February 14, 2007, is modified as follows:

1.  Immediately above section II. on page 4 insert:

            The minute order for the revocation of defendant's probation and the abstract of judgment contain a clerical error in their statements of the trial court's award of defendant's presentence credits.  When the trial court sentenced defendant on July 9, 2003, it awarded defendant a total of seven days of presentence credit consisting of five days of actual custody credit and two days of conduct credit.  When the trial court revoked defendant's probation on February 6, 2006, it awarded defendant an additional 96 days of actual custody credit and 48 days of conduct credit.  Thus, the trial court awarded defendant 101 days of actual custody credit and 50 days of conduct credit for a total of 151 days of presentence credit.  The minute order for the revocation hearing correctly records the trial court's award of 151 total days of presentence credit.  However, the order incorrectly states that the trial court arrived at that total by awarding defendant 103 days of actual custody credit and 48 days of conduct credit instead of 101 days of actual custody credit and 50 days of conduct credit.  The abstract of judgment also accurately reflects total presentence credit of 151 days, but repeats the minute order's inaccurate breakdown of that award.  The trial court's February 6, 2006, minute order and the abstract of judgment are ordered modified to reflect 101 days of actual custody credit and 50 days of conduct credit.

2.  Immediately prior to the last sentence in the Disposition section on page 5 insert:

            The trial court's February 6, 2006, minute order and the abstract of judgment are ordered modified to reflect 101 days of actual custody credit and 50 days of conduct credit.

MOSK, J.                               TURNER, P. J.                                   ARMSTRONG, J.

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