P. v. Fisher
Pursuant to a plea agreement, defendant and appellant Vincent Burl Fisher pled guilty to one count of possession of a controlled substance for sale (Health & Saf. Code, § 11378) and admitted that he had served one prior prison term (Pen. Code, § 667.5, subd. (b)).[1] The crime occurred on September 4, 2011. The trial court sentenced defendant to four years in state prison and awarded him 255 actual credits and 126 conduct credits, for a total of 381 presentence custody credits. The court also imposed a $240 victim restitution fine and a $240 parole revocation restitution fine (stayed pending successful completion of parole).
On appeal, defendant contends: (1) the trial court’s imposition of $240 for a restitution fine and a parole revocation restitution fine under sections 1202.4 and 1202.45 violated the ex post facto clause; and (2) defendant is entitled to day-for-day conduct credits for his jail time on and after October 2011. We affirm.
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