P. v. Pirhadi
A jury convicted Armaghan Estifi Pirhadi of second degree robbery and found she used a knife in the commission of the offense. The court imposed a total term of three years, selecting the low term of two years for second degree robbery and adding one year for Pirhadis use of a knife. Pirhadi received presentence credits in the amount of 225 actual days and 34 days conduct credit as provided for in Penal Code section 2933.1.
Pirhadi argues the trial court committed prejudicial misconduct by intervening in the examination of the prosecutions complaining witness. She challenges the sufficiency of the evidence to support the jurys knife use finding. She claims absent proof she used a knife the prosecution failed to prove she committed a theft by the use of force or fear. Finally, Pirhadi asserts she is entitled to three additional days of presentence custody credit. The Attorney General concedes Pirhadi should have received 228 actual days presentence credit. Court accept the Attorney Generals concession and order the abstract of judgment corrected to reflect Pirhadi served 228 actual days in custody awaiting trial. In all other respects, the judgment is affirmed.
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