P. v. Miller
The District Attorney of Los Angeles County filed an information charging defendant and appellant Michael Dwayne Miller (defendant) with assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)) and battery with serious bodily injury ( 243, subd. (d)). The information also alleged that in committing the assault with a deadly weapon defendant personally inflicted great bodily injury on the victim. ( 12022.7, subd. (a).) Defendant pleaded not guilty.
We appointed counsel to represent defendant in this appeal. After examining the record, counsel filed an opening brief asking this court to independently review the record in accordance with People v. Wende (1979) 25 Cal.3d 436. On January 3, 2007, we gave notice to defendant that counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant did not submit a brief or letter. Court reviewed the record and informed the parties that it appeared that the trial court erred in its calculation of defendants presentence credit. Court requested briefing from the parties on this issue. Court affirm the judgment of conviction, but order the abstract of judgment modified to reflect that defendant has been awarded a total of 248 days of presentence credit consisting of 166 days of actual custody credit and 82 days of conduct credit.
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