P. v. Deangelis
Donald Sanford DeAngelis, represented himself at trial. He was convicted of possession of two baggies of methamphetamine and admitted two strikes and four prison term priors. He was sentenced to 44 months in prison. The trial court arrived at this number by striking one of his strike enhancements and three of his prison term priors. It imposed the low term of 16 months for the instant offense, doubled that term in consideration of the remaining strike prior, and added a year for the remaining prison term prior.
Counsel was appointed for DeAngelis on appeal and challenged the fact the trial court awarded DeAngelis only 414 days of presentence credits (276 days actually served plus 138 days for good conduct credit). Careful analysis by counsel convinced both the Attorney General and this court that the proper number of credits is actually almost three weeks more. Remarkably, while they disagree about the actual computation (DeAngelis says he should get 327 days actual time and 106 days good conduct credits; the Attorney Generals reckoning arrives at 325 days plus 108 days conduct credits), the parties agree that when all is said and done, DeAngelis is entitled to credits totaling 433 days. Both sides agree postsentence credits are a matter for computation by state prison authorities in the first instance and not before us at this time.
As modified, the judgment is affirmed.
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