P.v .Padilla
Luis Miguel Padilla appeals from the judgment entered following an order revoking probation. He previously, on February 1, 2005, pled no contest to committing a lewd act upon a child. (Pen. Code, 288, subd. (a).)[1] Pursuant to his negotiated plea, he was sentenced to eight years in prison, execution of sentence was suspended and he was placed on formal probation for five years. He was ordered to pay a restitution fine in the amount of $200 plus a parole revocation fine in the same amount. Included in the terms of his probation were that he serve 365 days in jail and waive all back time presentence credits. He contends he is entitled to an additional 435 days of custody credits and that the restitution fine and parole revocation fine must be reduced. For reasons stated in the opinion, Court remand the matter to the superior court for a recalculation of credits, and strike the second restitution fine and parole revocation fine imposed.
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