P. v. Sharif
APPEAL from a judgment of the Superior Court of San Diego County, Leo Valentine, Jr., Judge. Affirmed in part, reversed in part, and remanded with directions.
Following a mistrial due to a deadlocked jury, a second jury found Abdulaziz Ahmed Sharif guilty of unlawfully taking or driving a vehicle. At the sentencing hearing on March 5, 2012, the court placed Sharif on three years of formal probation and suspended imposition of sentence for that period of time, but committed him to the custody of the San Diego County Sheriff's Department for 365 days. The court imposed a total of $1,264 in fines, fees, and assessments, including a restitution fine imposed under section Penal Code section 1202.4, subdivision (b) (hereafter § 1202.4(b); undesignated statutory references are to the Penal Code) in the amount of $240. The court also determined that Sharif, who was arrested on February 4, 2011, was entitled to a total of 594 days of credit for time served in local presentence custody, consisting of 396 days of credit for time actually served, plus 198 days of conduct credit under the former version of section 4019 in effect when Sharif committed his offense the day before he was arrested, and which allowed him to earn one day of conduct credit for every two days he actually served in local presentence custody.
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