P. v. James CA1/2
Defendant Clayton Jerod James appeals from a judgment after jury trial. He contends the trial court abused its discretion by denying in part his motion under Penal Code section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to strike his two prior “strike” convictions, the court having stricken only the latter conviction. We conclude the trial court did not abuse its discretion.
Defendant further contends that the trial court incorrectly calculated his local conduct credits by awarding him only 72 days under section 2933.1 rather than 240 days under section 4019, and that the abstract of judgment incorrectly described one of his convictions. The People agree. We conclude defendant is correct that the trial court should have calculated his local conduct credits under section 4019 and that one of his convictions was incorrectly described in the abstract of judgment. We vacate the judgment to the extent it awards 72 days of local conduct credits an
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