P. v. Smith
Vincent Smith appeals a judgment following conviction of first degree murder and burglary, with findings of commission of murder during the burglary, commission of the crimes to benefit a criminal street gang, discharge of a firearm by a principal during commission of the crimes causing death, one prior serious felony strike conviction, and service of two prior prison terms. (Pen. Code, §§ 187, subd. (a), 189, 459, 190.2, subd. (a)(17), 186.22, subd. (b)(4), former 12022.53, subds. (b)-(e), 667, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).)[1] We modify the judgment to strike the stayed parole revocation restitution fine, and to award Smith an additional 31 days of presentence actual custody credit, but otherwise affirm. (§§ 1202.45, 2900.5, subd. (a).)
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