P. v. Ramirez
Appellant Robert Carlos Ramirez was charged with 32 felony counts. He pled nolo contendere to two counts of using a device to defraud a telephone company (Pen. Code, § 502.7, subd. (a)(5))[1] (counts 1 & 3) and to three counts of identity theft (§ 530.5, subd. (a)) (counts 5, 6 & 7). He also admitted the allegation that he took, damaged and destroyed property in excess of $65,000 within the meaning of section 12022.6, subdivision (a)(1). The trial court sentenced appellant to a total of three years in state prison, consisting of the midterm of two years on count 1, plus one year pursuant to section 12022.6, subdivision (a)(1). The same three-year sentences were imposed on each of counts 3, 5, 6 and 7 and ordered to be served consecutively, and the remaining counts were dismissed. The trial court awarded appellant 561 days of presentence custody credit, consisting of 375 days of actual custody credit and 186 days of conduct credit.
Appellant’s sole contention on appeal is that he should have received 375 days of “one-for-one†conduct credit, for a total of 750 days of presentence credit. The People agree, and so do we.
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