P. v. Hall
In February 2012, appellant pled no contest to one count of a multi-count information and admitted the truth of serious felony and strike allegations in an amended information dealing with his assault on a woman who was the mother of two of his children. After accepting that plea, the trial court sentenced appellant to seven years and eight months in prison, imposed fines on him, and awarded him conduct and custody credits. Appellant appeals, claiming that (1) the trial court’s declination to consider striking a prior serious felony conviction was error because the possible basis of that decision, i.e., Penal Code section 1385, subdivision (b) (section 1385(b)),[1] is unconstitutional, (2) the trial court erred in several aspects of its award of conduct and custody credits, and (3) appellant received ineffective assistance of trial counsel regarding both issues. We agree that, as conceded by the Attorney General, appellant is entitled to some additional conduct credits; otherwise, we reject appellant’s contentions and thus affirm the judgment of the trial court. We do, however, remand the case to the trial court for correction of the award of conduct credits.
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