P. v. Ayala
Appellant David Ayala appeals from a conviction of two counts of attempted second degree robbery (Pen. Code, §§ 664/211),[1] and as to both counts that he used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). Appellant was sentenced to state prison for five years (three years on count 1, plus one year for the weapon enhancement, and eight months on count 2, plus four months for the weapon enhancement). Appellant was awarded 207 days of actual custody credit and 31 days of conduct credit, for a total of 238 days of presentence credit.
Appellant contends on appeal that (1) the convictions should be reversed because the trial court erred in denying his motion to suppress evidence (§ 1538.5) obtained through the warrantless entry and search of his home and person; (2) insufficient evidence supported his conviction for the second count of attempted robbery; (3) the trial court abused its discretion in imposing the maximum sentence; and (4) the trial court committed sentencing error in failing to award full actual presentence credit. We modify the judgment to award 312 days of presentence credit. In all other respects, the judgment is affirmed.
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