P. v. Padilla CA4/2
Defendant Jesus Padilla was convicted on 20 counts, all arising out of his sexual abuse of a child. He was sentenced to a total indeterminate term of 60 years to life plus a total determinate term of 18 years four months.
In his previous appeal, we affirmed with respect to the conviction; however, we reversed with respect to the sentence and remanded for resentencing. On remand, the trial court corrected the errors that we had identified and imposed the same total sentence.
Defendant appeals again, contending:
1. On three counts, the trial court intended to sentence defendant to six years (the midterm) but mistakenly sentenced him to eight years (the upper term) instead.
2. The trial court erred by failing to recalculate defendant’s actual custody credits.
We agree with both contentions. We will modify the judgment accordingly.
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