P. v. Hayes
In January 2007, pursuant to a plea bargain, defendant Elwood Dwayne Hayes pleaded no contest to assault in violation of Penal Code section 245, subdivision (a)(1)[1] conditioned upon, among other things, that the offense was not a strike, a serious felony or a violent felony. In February, imposition of sentence was suspended and he was placed on probation for three years on various terms and conditions.
In September 2009, defendant admitted violating conditions of his probation and, in December, he was sentenced to state prison for four years and given 199 days of presentence custody credit, consisting of 133 days actually served plus 66 days for conduct.
In April 2010, this court granted defendant’s request for constructive filing of a notice of appeal and he did so.
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