P. v. Santistevan
In an amended information, the People charged defendant, Marcos Santistevan, with assault with a deadly weapon (Pen. Code, 245, subd. (a)(1);[1]count 1), criminal threats ( 422; counts 2 & 5), corporal injury to a spouse or cohabitant ( 273.5, subd. (a); counts 3 & 6), and resisting an executive officer ( 69; count 4).
The People further alleged, as to all counts, that defendant suffered two strike convictions ( 667, subds. (b)-(i), 1170.12), was convicted of two felonies within the meaning of section 1203, subdivision (e)(4), and, as to counts 1, 2 and 5, was convicted of two serious felonies within the meaning of section 667, subdivision (a)(1).
On the Peoples motion, the trial court dismissed count 1 in the interests of justice ( 1385). On motion of the defense, trial on the priors was bifurcated.
The trial court is ordered to amend the abstract of judgment to reflect an award of 224 days of actual custody credit and 112 days of conduct credit, for a total precommitment credit of 336 days, and to forward a copy of the amended abstract of judgment to the Department of Corrections. In all other respects, the judgment is affirmed.
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