P. v. Ball
On December 16, 2004, appellant, entered into a plea bargain in case Nos. F04901731 - 0 and F04901836-7. In case No. F04901731- 0, Ball pled no contest to assault with a firearm (Pen. Code, 245, subd. (a)(2)) and admitted a gang enhancement ( 186.22, subd. (a)(2)), a personal gun use enhancement ( 12022.5, subd. (a)(1)), and allegations that he had a prior conviction within the meaning of the three strikes law ( 667, subd. (b)-(i)). In case No. F04901836 - 7, Ball pled no contest to arson of an inhabited building ( 451, subd. (b)). The agreement also provided that Ball would receive a prison term of 17 to 19 years.
On appeal, Ball contends: 1) his sentence must be reduced or he must be permitted to withdraw his plea because his sentence contains three unauthorized components; and 2) the court erred by not giving him actual custody credit for his custody time from the date of his original sentencing to the date of his resentencing. Court find merit to his second contention and that his first contention is not cognizable on appeal. In all other respects, Court affirm.
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