P. v. Salazar CA5
Defendant Jerry Richard Salazar contends on appeal that the trial court miscalculated his presentence custody credits. The People concede and we agree.
On December 28, 2015, defendant pled guilty to unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), and he admitted having suffered a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and having served a prior prison term (Pen. Code, § 667.5, subd. (b)).
On April 5, 2016, the trial court sentenced defendant to three years eight months in prison: 16 months, doubled pursuant to the “Three Strikes” law, plus a one-year prior prison term enhancement. The court calculated 117 days of actual time and 116 conduct credits for a total of 233 days of credit.
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