P. v. Perez
A jury convicted defendant Martin Perez, Jr., of attempted murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a); count 1),[1] assault with a deadly weapon (§ 245, subd. (a)(1); count 2), assault likely to cause great bodily injury (§ 245, subd. (a)(1); count 3), and active participation in a criminal street gang (§ 186.22, subd. (a); count 4). The jury found that defendant committed the first three counts for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), but did not commit attempted murder with premeditation and deliberation. The court sentenced defendant to a total prison term of 21 years on count 1, including 10 years for the associated gang enhancement.[2]
On appeal, defendant contends the court abused its discretion by declining to strike the gang enhancement to count 1. He also asserts he is entitled to three additional days of custody credit. We agree defendant is entitled to additional custody credit. In all other respects, we affirm the judgment.
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