P. v. Hammons
Defendant Albert Glen Hammons entered negotiated pleas of guilty to felony possession of methamphetamine and misdemeanor resisting a peace officer in exchange for a stipulated
three-year prison term and the dismissal of an allegation of a prior prison term. Defendant also entered a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754, 758 (Harvey).
In March 2011, the trial court sentenced defendant to the stipulated term. It awarded 34 days of conduct credit for defendant’s 69 days of presentence custody, based on defendant’s unspecified prior “serious or violent felony conviction.”
Defendant contends the trial court erred in restricting his conduct credit on the basis of a prior felony conviction that the prosecutor did not plead or prove. As we explain post, we agree that the restriction of conduct credit was error. We shall modify the judgment.

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