P. v. Pimental
Defendant was convicted by plea of one count of second degree robbery with an enhancement for committing the offense for the benefit of a criminal street gang. The court suspended imposition of sentence and ordered five years formal probation, subject to various conditions. After defendant committed a series of probation violations, the court revoked his probation, sentenced him to 15 years in state prison, and awarded him 365 days of custody credits.
On appeal, defendant contends the court erred when it imposed a $3,000 restitution fine and a $3,000 parole revocation restitution fine. Court concluded that the juvenile court erred in imposing fines in these amounts and modified the judgment to reduce the amount of the fines. Defendant also asserts the trial court erred in calculating his custody credits and that he is entitled to additional credits for the period August 27, 2005, through October 21, 2005. Court conclude defendant is entitled to additional custody credits and modified the judgment accordingly.
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