P. v.Gillespie
A jury convicted defendant Victor George Gillespie of sexual battery by restraint (count 2; Pen. Code § 243.4, subd. (a)),[1] first degree burglary (count 3; §§ 459, 460, subd. (a)), and misdemeanor resisting arrest (count 4; § 148, subd. (a)(1)). Upon the People’s motion, the court dismissed allegations defendant had two serious felony prior convictions under section 667, subdivision (a)(1). Defendant then admitted he had suffered two prior strikes under the “Three Strikes†law. (§§ 667, subds. (d), (e)(2)(A), 1170.12, subds. (b), (c)(2)(A).) The court sentenced defendant to 25 years to life in prison on count 2.[2]
On appeal defendant asserts the court erred by declining to strike his prior strikes and by miscalculating his presentence conduct credits. We agree the trial court miscalculated his conduct credits. In all other respects, we affirm the judgment.
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