P. v. Loyola



Filed 3/9/11 P. v. Loyola CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. DANIEL RICHARD LOYOLA, Defendant and Appellant.

H035264 (Santa Clara County Super. Ct. No. CC944148)

Defendant Daniel Richard Loyola pleaded no contest to narcotics charges and admitted various allegations including an allegation that he had suffered a prior strike conviction. The trial court subsequently struck the prior strike conviction finding under Penal Code section 1385 and imposed a 16-month state prison term. The court also found that defendant was ineligible for enhanced conduct credit under Penal Code section 4019 due to the fact that he had suffered a prior serious felony conviction. On appeal, defendant contends that the trial court had discretion to disregard the prior serious felony conviction and award him enhanced conduct credit. He seeks a remand to give the trial court the opportunity to do so. We conclude that the trial court had no such discretion, so a remand is unnecessary.


I. Background
Defendant was walking down the street at 12:34 a.m. When he saw a deputy sheriff, he turned and walked in the opposite direction. Defendant then discarded a metal container and walked away. The deputy sheriff made contact with defendant and noticed that he was under the influence of a controlled substance. A records check revealed that defendant was on parole. The deputy sheriff retrieved the metal container, and he found that it contained a baggie of methamphetamine and a baggie of marijuana.
Defendant was arrested and charged by information with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possession of marijuana (Health & Saf. Code, § 11357, subd. (b)), and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)). It was further alleged that he had suffered five prior narcotics convictions (Health & Saf. Code, § 11550) and a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12), and had served two prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)).
Defendant pleaded no contest to all three counts and admitted all of the prior conviction and prison prior allegations in response to a â€