P. v. Campanella
A jury convicted appellant Jennie Marie Campanella of attempted second-degree robbery (Pen. Code, §§ 211, 664, count 1).[1] Appellant admitted that she suffered a prior robbery conviction within the meaning of the “Three Strikes†law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and section 667, subdivision (a)(1). The trial court sentenced appellant to seven years and eight months in state prison, consisting of the low term of 16 months doubled pursuant to the Three Strikes law, plus a five-year serious felony enhancement (§ 667, subd. (a)(1)). Appellant was awarded 263 days of presentence credit consisting of 229 days of actual custody credit and 34 days of conduct credit.
Appellant contends the trial court had a sua sponte duty to instruct the jury on a claim-of-right defense; the trial court failed to advised her properly of her constitutional rights before accepting her admission on the prior conviction allegation that served as the basis for the section 667, subdivision (a)(1) sentence enhancement; and the judgment must be modified to reflect 343 days of presentence custody credit.
We order the abstract of judgment modified to reflect 343 days of presentence custody credit. In all other respects, the judgment is affirmed.
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