P. v. Drury
Jason Mark Drury pleaded guilty to a single count of committing a lewd or lascivious act upon a child under the age of fourteen. (Pen. Code,[1] § 288, subd. (a); count 18.) Drury appeals the judgment imposing an upper term prison sentence. He contends the matter must be remanded for resentencing because the court (1) failed to adequately state reasons on the record for imposing the upper term and (2) erroneously calculated his presentence conduct credits. We conclude Drury forfeited, and cannot challenge on appeal, any error by the trial court in not citing adequate aggravating factors for imposing the upper eight-year term for count 18 because he did not object below on this ground. Further, in order to forestall an ineffective assistance of counsel claim, we conclude Drury would not be able to establish prejudice by his counsel's performance. We modify the judgment to reflect the correct calculation of conduct credits.
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