P. v. Clarkebey
Defendant and appellant Richard Eugene Clarkebey appeals after he was convicted at his first trial of battery on a police officer (Pen. Code, § 243, subd. (b)); and at his second trial of driving under the influence of alcohol and causing injury to another person (Veh. Code, § 23153, subd. (a)) and driving with a blood-alcohol level above 0.08 percent (Veh. Code, § 23153, subd. (b)). Defendant contends that the trial court erred in declining to exercise its discretion to dismiss defendant’s strike prior; the abstract of judgment should be corrected to show a stayed sentence on one of the counts; the court improperly stayed, rather than striking, a prior prison term enhancement; and defendant should be awarded additional days of presentence conduct credits. We reject the contentions with respect to dismissal of defendant’s strike prior and the award of additional conduct credits. However, we order the sentence modified to strike the prison term prior, and we order the abstract of judgment corrected to reflect a stay of the sentence on count 2. With these minor modifications, the judgment is otherwise affirmed.
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