P. v. Olivas
On appeal, Olivas contends that the trial court abused its discretion when it refused on remand to strike a prior serious felony conviction and that the imposition of the indeterminate term of 25 years to life constitutes cruel and unusual punishment. He also argues that the trial court erred by failing to calculate Olivass actual time served prior to resentencing and that it improperly stayed rather than struck the section 667.5, subdivision (b), enhancement.
The judgment is modified as follows: The section 667.5, subdivision (b), enhancement is stricken and Olivas is awarded 740 days actual time credit. The trial court is directed to prepare a new abstract of judgment nunc pro tunc to July 11, 2006, reflecting the above changes. The abstract shall state that any prison behavior and work credits for the period of July 2, 2004 to July 11, 2006, are to be calculated by the Department of Corrections and Rehabilitation.
Comments on P. v. Olivas