P. v. Haltom
Defendant Duke Steven Haltom appeals from judgment entered following jury convictions for possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)[1]; count 1); possession, transportation, and possession for sale of methamphetamine (Health & Saf. Code, 11377, subd. (a), 11379, subd. (a), 11378; counts 2, 4, 6); possession, transportation, and possession for sale of heroin (Health & Saf. Code, 11350, subd. (a), 11352, subd. (a), 11351; counts 3, 5, 7); under the influence of a controlled substance (Health & Saf. Code, 11550, subd. (a); count 8); and driving under the influence (Veh. Code, 23152, subd. (a); count 9). The jury also found true two prior strike convictions ( 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and one prior prison term conviction ( 667.5, subd. (b)).
As conceded by the People, defendant is correct that the trial court miscalculated his conduct credits. Defendant is entitled to 406 days of conduct credit, rather than 404 days. ( 4019; In re Marquez (2003) 30 Cal.4th 14, 25-26.) The judgment must thus be amended to state defendant is entitled to 406 days conduct credit, with his total presentence credit amounting to 1,218 days.
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