P. v. Zahir
On September 2, 2011, a complaint was filed in Fresno County Superior Court, charging defendant Naseer Hamit Zahir with petty theft with prior convictions. (Pen. Code,[1] § 666; count 1.) In addition, defendant was alleged to have suffered a prior conviction under the “Three Strikes†law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), for which he served a prison term (§ 667.5, subd. (b)).
On November 1, 2011, defendant entered into a plea agreement pursuant to which he pleaded no contest to count 1 and admitted the prior strike and prison term allegations, on the condition that he receive the lower term of 16 months in prison. On December 13, 2011, the court dismissed the prior strike conviction (§ 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497) and the prior prison term enhancement, and sentenced defendant to 16 months in prison. The court ordered defendant to pay various fees, fines, and assessments; and awarded 71 days of actual credit, plus 34 days of conduct credit, for a total of 105 days.
Defendant now contends he is entitled to additional custody credits. We affirm.
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