P. v. Castillo
Defendant and appellant Robert Daniel Castillo was charged by information with theft. (Pen. Code,[1] § 484, subd. (a), count 1.) It was also alleged that he had six prior strike convictions. (§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A).) Pursuant to a plea agreement, defendant pled guilty to count 1 and admitted one prior strike conviction. Defendant moved the trial court to strike his prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and the court struck the remaining prior strike convictions. The court sentenced him to six years in state prison and awarded 748 days of presentence custody credits (623 actual days and 125 conduct credits).
Defendant moved the court twice to correct the number of presentence custody credits awarded, pursuant to the October 1, 2011 modification to section 4019. The court denied the motions because defendant’s offense was committed in 2009, and because he had prior strike convictions. Defense counsel subsequently submitted ex parte correspondence to the court, pointing out that it had erred in its calculation of custody credits, even applying the former version of section 4019 that was in effect at the time of the offense. The court changed the amount of custody credits awarded to 933 days (623 actual days and 310 conduct credits). We affirm.
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