P. v. Hirtle CA1/2
Appellant was convicted, pursuant to a plea agreement, of evading a peace officer and leaving the scene of an accident in a Napa County case. Subsequently, pursuant to a plea agreement in this (Marin County) case, appellant was convicted of first degree residential burglary, and the two cases were consolidated. On appeal, appellant contends the trial court erred when it denied his motion for 215 additional days of actual custody credits. He also argues that the court improperly imposed a subordinate, consecutive upper term on one of the counts in the Napa County case and that the abstract of judgment should be amended to reflect a midterm sentence on that count. We shall remand the matter to the trial court with directions to modify the abstract of judgment to include an additional 215 days of actual custody credits and to further modify the abstract of judgment, as well as an October 30, 2017 minute order, to reflect that appellant was sentenced to one-third the midterm on count 1
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