P. v. Hart CA1/2
A jury found defendant Michael Frederick Hart guilty of first degree residential burglary (Pen. Code, § 459). The trial court sentenced Hart to the low term of two years in prison and awarded him 48 days of credit for time in actual custody plus section 4019 credit.
Hart now appeals raising three issues: (1) the trial court abused its discretion in denying probation; (2) the trial court imposed a prison term to punish him for exercising his right to a jury trial; and (3) remand is required because the trial court erroneously calculated his pre-sentence custody credits.
We agree a remand is warranted to give the trial court the opportunity to re-calculate Hart’s pre-sentence custody credits. In all other respects, the judgment is affirmed.
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