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P. v. Ta

Appellant Huan Ta was convicted by a jury of aggravated assault (Pen. Code, § 245, subd. (a)(1)) and battery with serious injury (Pen. Code, § 243, subd. (d)). He admitted several enhancements for prior convictions and commitments to state prison. He was sentenced to the upper term of four years on the aggravated assault, a term that was doubled because of his two prior strike convictions. The same sentence computation was applied to his battery with serious injury term, that sentence ordered to run concurrently. Additionally, the court imposed one-year enhancements for appellant’s two prior state prison commitments and an additional 16 months for one of the two unrelated driving under the influence charges (Veh. Code, § 23152, subd. (a), punishments increased under the Three Strikes Law) he pled guilty to, and stayed the same sentence on the second. Appellant’s total term came to 11 years and 4 months. The court awarded 519 days of actual custody credits and 77 days of conduct credits for a total award of 596 days against his sentence.
Ta complains of two instances of prosecutorial misconduct in closing argument and a miscomputation of his presentence custody credits. He is right about the credits, and we order 258 days added to the 519 originally computed. But the first putative misconduct assignment fails on its merits and the second was cured by an admonition by the trial court, so we affirm his conviction.

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