P. v. Carter CA5
Appellant Darrell Carter, Jr., pled no contest to infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)). After several violations of probation, the court sentenced Carter to a three-year prison term.
On February 21, 2017, appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, asking this court to independently review the record. An ensuing review of the record disclosed that the trial court may have erred in its award of presentence custody credit. On October 23, 2017, this court issued a letter to the parties allowing them to file a letter brief addressing this issue. Having considered the parties’ briefs, we conclude the court erred in its award of presentence custody credit, modify the judgment accordingly, and affirm as modified.
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