P. v. Hillard
Filed 2/24/12 P. v. Hillard CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE
DISTRICT
DIVISION FIVE
THE PEOPLE,
Plaintiff
and Respondent,
v.
GARY LEON HILLARD,
Defendant
and Appellant.
B230822
(Los
Angeles County
Super. Ct.
No. NA083148)
ORDERS DENYING
REHEARING
AND MODIFYING
OPINION
[CHANGE IN
JUDGMENT]
The
petition for rehearing is denied.
The
opinion filed on January 25, 2012,
is modified as follows:
On
typed opinion page 20, delete section III D and replace it with the following:
D. Presentence Custody Credit
Defendant
was in presentence custody for 515 days from September 1, 2009 to September 24, 2009 and from October 6, 2009 to February
8, 2011. He was entitled to
conduct credit under section 2933.1, subdivision (a), which credits are
calculated to the greatest whole number without exceeding 15 percent. (People
v. Duran (1998) 67 Cal.App.4th 267, 270; People v. Ramos (1996) 50 Cal.App.4th 810, 815-817; see
775.) Therefore, defendant was entitled
credit for 515 days in presentence custody plus 77 days of conduct credit for a
total presentence custody credit of 592 days.
The judgment will be modified to so reflect.
On
typed opinion page 21, delete section IV and replace it with the following:
IV. DISPOSITION
The
sentence under count 9 is stayed pursuant to Penal Code section 654,
subdivision (a). Defendant’s unstayed
sentence is reduced to 24 years, 8 months.
The judgment is further modified to impose a court facilities assessment
of $30 (Gov. Code, § 70373, subd. (a)(1)) as to each of the 8 counts for a
total of $240, and to award defendant credit for 515 days in presentence
custody plus 77 days of conduct credit for a total presentence custody credit
of 592 days. The judgment is affirmed in
all other respects. Upon remittitur
issuance, the abstract of judgment must be corrected to accurately reflect the
foregoing and that the sentence imposed was 24 years, 8 months. The clerk of the superior court shall deliver
a copy of the corrected abstract of judgment to the Department of Corrections
and Rehabilitation.
_____________________
TURNER, P. J.
______________________
MOSK, J.
______________________
KRIEGLER, J.
