P. v. Horta CA2/5
Defendant and appellant Jose DeJesus Horta was sentenced to 21 years 8 months in state prison following his conviction by jury of four felony offenses. Defendant contends on appeal: (1) the trial court did not understand that it had discretion to impose a concurrent sentence on defendant’s conviction for dissuading a witness; (2) he was provided ineffective assistance of counsel when defense counsel failed to argue at sentencing that the court had the discretion to impose a concurrent sentence on the charge of dissuading a witness; and (3) the trial court miscalculated presentence custody credits and imposed an unauthorized domestic violence fee. We modify the judgment to reflect that defendant is entitled to a total of 242 days of presentence custody and conduct credits, strike the domestic violence fee, and affirm in all other respects.
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