P. v. Borg
Defendant was convicted following a jury trial of stalking (Pen. Code, § 646.9, subd. (a)),[1] with a prior conviction of stalking and making a criminal threat (Pen. Code, § 422). He was sentenced to five years in state prison, with a total of 455 days of presentence credit. In this appeal he claims that the trial court erred by denying his motion for substitution of counsel (People v. Marsden (1970) 2 Cal.3d 118 (Marsden), and improperly imposed a one-year concurrent term for a prior prison term. He also challenges the trial court’s award of conduct credits. We conclude that the trial court did not conduct a deficient Marsden inquiry or erroneously deny the motion for substitution of counsel. We find that the judgment must be modified by striking the sentence for a prior prison term that was not found true by the jury, and increasing defendant’s presentence credits by 14 days served in Napa State Hospital after he was found competent to stand trial. In all other respects we affirm the judgment.
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