P. v. Castillo
Following a trial by jury, defendant Fernando Castillo was convicted of attempted murder (Pen. Code, §§ 664, 187, subd. (a))[1] (count 1) and assault with a flammable substance (§ 244) (count 2). He was sentenced to the lower term of five years for attempted murder and the lower term of two years for assault, stayed pursuant to section 654, for a total determinate term of five years.
On appeal, defendant argues the trial court abused its discretion when it failed to (1) declare a doubt as to his mental competency and hold a second competency hearing pursuant to section 1368, (2) grant his motion for acquittal on the assault count pursuant to section 1118.1 and (3) grant him probation. He also argues the court erred in calculating his presentence custody credits.
The People concede there is an error in defendant’s presentence custody credit calculation, but otherwise dispute the merits of his claims.
We agree with the parties that defendant is entitled
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