P. v. Bassaly
As a result of an August 2006 domestic violence incident involving defendant Joseph J. Bassaly and his girlfriend, defendant pleaded no contest to one count of infliction of corporal injury on a spouse or cohabitant, a felony (Pen. Code, 273.5, subd. (a)) and one count of battery ( 242) involving the 11 year old son of defendants girlfriend. Defendant also admitted that he had suffered a prior strike conviction within the meaning of section 1170.12, subdivision (c)(1). Defendant was sentenced to a term of two years as to the corporal injury count, with the sentence doubled to four years pursuant to section 1170.12, subdivision (c)(1); he also received a concurrent sentence of 409 days for the battery count. He was given custody credits of 409 days.
Defendant claims on appeal that the abstract of judgment does not properly reflect the application of 409 days of custody credits granted by the court at the sentencing hearing. He also argues that the sentencing court was without authority to enter an order that defendant have no direct or indirect contact with the victim or any of her family members. Court conclude that the abstract should be amended to reflect application of the custody credits and that the no contact order must be stricken. Court strike the no contact order, require that the superior court modify the abstract of judgment, and affirm the judgment as modified.
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