P. v. Miller
An amended information charged defendant with one count of possession of a controlled substance, in violation of Health and Safety Code section 11350, subdivision (a); one count of possessing a hypodermic needle and syringe, in violation of Business and Professions Code section 4140; and a prior strike allegation pursuant to Penal Code section 1170.12. Defendant pled guilty to possessing a controlled substance and admitted her prior strike pursuant to section 1170.12. The trial court placed defendant on probation.
After violating probation three times, the trial court sentenced defendant to an aggregate term of four years. The court committed defendant to the California Rehabilitation Center (CRC), but she was statutorily ineligible for commitment to CRC because of her prior strike and she was referred back to the trial court for further proceedings. The court vacated its previous sentence of four years and resentenced defendant to an aggregate term of 32 months in state prison. She was awarded presentence credits in the amount of 239 days. On appeal, defendant contends that her trial counsel provided ineffective assistance for failing to request the trial court to strike her prior strike. Additionally, she maintains that the sentencing court miscalculated the number of presentence credits to which she was entitled. The People agree that the court miscalculated the presentence credits, but contest defendants claim of ineffective assistance of trial counsel. Court are unpersuaded by defendants claims of ineffective assistance of counsel, but remand to the trial court and direct it to calculate defendants presentence credits in a manner consistent with this opinion.
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