P. v. McCray
A jury convicted appellant, Keith Gerome McCray, of unlawful driving or taking of a motor vehicle (Veh. Code, § 10851, subd. (a); count 1) and receiving a stolen motor vehicle (Pen. Code, § 496d, subd. (a); count 2).[1] In a separate proceeding, appellant admitted two of three alleged “strike†allegations[2] and seven of eight alleged section 667.5, subdivision (b) (hereafter section 667.5(b)) prior prison term enhancement allegations. The court made no inquiry regarding, and appellant did not admit, one of the strike allegations and one of the section 667.5(b) enhancement allegations.
The court struck the two strike allegations appellant admitted and imposed a sentence of 12 years, consisting of the two-year midterm on count 1, doubled pursuant to the three strikes law, for a total of four years based on the court’s assumption that appellant had admitted one strike allegation, plus eight years on the section 667.5(b) enhancements based on the court’s assumption that appellant had admitted all eight prior prison term enhancement allegations. The court imposed, and stayed, pursuant to section 654, a four-year term on count 2 and awarded appellant 699 days of presentence credits, consisting of 467 days of actual time credits and 232 days of conduct credits.
On appeal, appellant contends the court erroneously (1) imposed sentence on two prior prison term enhancements, and (2) failed to calculate his conduct credit under the one-for-one credit scheme of section 4019. We modify the sentence by striking two one-year section 667.5(b) enhancement terms, and otherwise affirm.
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