P. v. Aguilar
A jury convicted appellant, Alex Noel Aguilar, of two felonies: first degree burglary (Pen. Code, §§ 459, 460, subd. (a);[1] count 1) and vandalism (§ 594, subd. (a); count 2). The jury also found true an allegation that a person other than an accomplice was present in the residence at the time of the burglary charged in count 1 (§ 667.5, subd. (c)(21)). The court imposed the six-year upper term on count 1, and declared that offense to be a violent felony within the meaning of section 667.5, subdivision (c)(21). On count 2 the court imposed, and stayed pursuant to section 654, a term of two years. The court also ordered that appellant pay $9,219.56 in victim restitution, pursuant to section 1202.4, subdivision (f), and awarded appellant 233 days of presentence credit, consisting of 203 days of actual time credit and 30 days of conduct credit.
Appellant's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court's invitation to submit additional briefing. As we explain below, we have determined the court erred in its award of presentence credit. Court will modify the judgment accordingly, and otherwise affirm.
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