P. v. Yamasaki
Michael Yamasaki was convicted of two counts of burglary (Pen. Code, § 459); possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)); possessing a hypodermic syringe, a misdemeanor (Bus. & Prof. Code, former § 4140); and possessing not more than 28.5 grams of marijuana, an infraction (Health & Saf. Code, § 11357, subd. (b)). Yamasaki was found to have served three prior prison terms (Pen. Code, § 667.5, subd. (b)). The court sentenced him to six years in prison: the three-year upper term on one of the burglary counts, concurrent terms on the other two felony counts and one year for each prison prior. The record does not disclose when or how long Yamasaki was in custody before sentencing or what custody and conduct credits the court initially awarded.
On June 5, 2012, Yamasaki filed an ex parte application in the trial court for a correction of presentence credits. He asserted he had been in custody from July 9, 2009, to November 23, 2009, and was entitled to 137 days' actual credit and 68 days' conduct credit, rather than the 79 days' actual credit and the 38 days' conduct credit the court had awarded. On June 13, 2012, the court filed a minute order, nunc pro tunc to March 30, 2011, reflecting 79 days' actual credit and 78 days' conduct credit, a total of 157. Yamasaki appeals the June 13 order.
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