P. v. Foley
On June 21, 2011, appellant, James Michael Foley, waived his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122 and pled no contest to one count of possession of illegal substances in a jail facility (Pen. Code, § 4573.6).[1] Appellant also admitted a prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i) & 1170.12) and multiple prior prison term enhancements (§ 667.5, subd. (b)).
On July 22, 2011, the trial court struck the prior serious felony conviction pursuant to section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court struck the prior prison term enhancements and imposed a sentence of three years for possession of illegal substances in a jail facility. The court ordered appellant’s sentence to be served concurrently with his sentence for a conviction in an unrelated case. The court granted appellant 54 days of custody credits for time served in jail and conduct credits of 26 days for total custody credits of 80 days. The court imposed a $200 restitution fine.
On June 4, 2012, appellant filed a motion in the trial court requesting a recalculation of his presentence custody credits seeking additional conduct credits. The trial court denied appellant’s motion on June 27, 2012. Appellant appealed the trial court’s denial of his motion. Appellate counsel has filed a brief for independent review of the case by this court pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
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