P. v. Vargas CA4/2
Following a jury trial in case No. FVI1501646, defendant and appellant Christopher Patrick Vargas was convicted of first degree burglary (Pen. Code, § 459) and attempted first degree burglary (§§ 664/459). In a bifurcated proceeding, the trial court found true that defendant had suffered one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), one prior serious felony conviction (§ 667, subd. (a)(1)), and three prior prison terms (§ 667.5, subd. (b)). As a result, defendant was sentenced to a total term of 10 years 4 months in state prison with 15 percent limited credit for time served. Defendant’s sole contention on appeal in this case, case No. E065528, is that the trial court erred in limiting his presentence conduct credits to 15 percent pursuant to section 2933.1. We agree and modify defendant’s presentence custody credits accordingly.
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