P. v. Johnson
A jury convicted defendant and appellant Jashon Bernard Johnson of misdemeanor assault (Pen. Code, 240, count 1),[1]assault by means of force likely to result in great bodily injury ( 245, subd. (a)(1), count 2), and misdemeanor vandalism ( 594, subd. (b)(2)(A), count 3). As to count 2, the jury also found true the allegations that defendant committed the crime in furtherance of a criminal street gang ( 186.22, subd. (b)(1)(A)) and personally inflicted great bodily injury upon the victim ( 12022.7, subd. (a)). The trial court sentenced him to a total term of nine years in state prison and awarded him 156 days of actual custody credits plus 22 days of conduct credit, for a total of 178 credits. On appeal, defendant contends that: 1) there was insufficient evidence to support the allegation that he personally inflicted great bodily injury upon the victim in count 2; and 2) the court miscalculated his custody credits. The People concede, and Court agree, that the court miscalculated the custody credits. Otherwise, Court affirm.
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