P. v. Mitchell
Defendant Frederick Lee Mitchell appeals from his conviction of violations of Health and Safety Code sections 11350, possession of cocaine (count 1), 11351, possession of cocaine for sale (count 3), and 11352, subdivision (a), sale or transportation of cocaine (count 4). Defendant contends: (1) the trial court erred in failing to obtain a supplemental presentence report, or, in the alternative, he received ineffective assistance of counsel because his trial counsel failed to request a supplemental report; (2) he should be awarded additional custody credits under Penal Code[1] section 4019; (3) the trial court erred in failing to award actual days of custody credit after the original sentencing date; and (4) the abstract of judgment must be corrected to reflect that defendant was convicted of sale or transportation of cocaine in count 4 instead of count 5. The People correctly concede that defendant was entitled to additional actual credits and that the error in the abstract of judgment requires correction. We find no additional errors.
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