P. v. Mills
The District Attorney of Los Angeles County filed a complaint charging defendant and appellant Andy Mills (defendant) with receiving stolen property in violation of Penal Code section 496, subdivision (a)[2]and possession of ammunition in violation of section 12316, subdivision (b)(1). The complaint alleged, as to each offense, that defendant suffered a prior felony conviction within the meaning of section 667.5, subdivision (b). On March 4, 2005, defendant waived his right to a preliminary hearing and accepted a plea agreement. Pursuant to the plea agreement, defendant entered a plea of nolo contendere to receiving stolen property. The trial court suspended imposition of sentence and granted defendant probation for three years on certain terms and conditions; including the conditions that he serve 180 days in county jail with credit for 74 days (50 days of actual custody credit and 24 days of conduct credit); that he obey all laws; and that he not own, use, or possess any dangerous or deadly weapons, including knives. The trial court dismissed the possession of ammunition charge, and, among other things, imposed a restitution fine of $210 pursuant to section 1202.4, subdivision (b).
We requested supplemental briefing from the parties addressing the issue of whether defendants presentence credits were calculated properly. Because the record does not disclose the dates defendant was in actual custody during the period from and including the date of his arrest on May 6, 2005 to and including the date of his sentencing on August 11, 2005, Court remand this case to the trial court to determine defendants actual custody for that period and to recalculate his presetence credits. The modified abstract of judgment is to include defendants recalculated credits.
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