P. v. Dixon
On April 29, 2010, an information was filed in Kern County Superior Court, charging defendant Ernest Dixon, Jr., with petty theft with multiple theft-related prior convictions (Pen. Code,[1] § 666; count 1) and second degree burglary (§ 460, subd. (b); count 2). It was further alleged defendant was previously convicted of first degree burglary (§ 460, subd. (a)), which constituted a serious or violent felony for purposes of the “Three Strikes†law (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)), and that he previously served five separate prison terms (§ 667.5, subd. (b)). On June 24, 2010, following a jury trial, defendant was convicted as charged. After a court trial, the strike and four prior prison term allegations were found to be true.[2]
On February 3, 2011, the trial court refused to dismiss the prior strike conviction, and sentenced defendant to a total of 10 years in prison, calculated as six years (the upper term, doubled for the strike) on count 1, plus one year for each of the prior prison term enhancements.[3] Defendant was ordered to pay various fees, fines, and assessments. He was awarded 308 days of actual credit, plus 154 days of conduct credit, for a total of 462 days. He now challenges his sentence in general, and the award of custody credits in particular. We affirm.
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