P. v. Lawson
Appellant Steven Lawson appeals from the judgment upon his conviction and sentence for one count of corporal injury to a cohabitant. Before this court, appellant challenges only his sentence, asserting that the court committed two errors in sentencing him. First he claims that in sentencing him under the “Three Strikes Law,†the court relied upon a prior conviction appellant sustained in Alabama for “third degree robbery†that does not qualify under California law as a “strike†and/or a serious felony prior conviction, under Penal Code section 667, subdivision (a)(1). Second, appellant asserts that the trial court calculated and awarded appellant conduct credits under the wrong section, namely, Penal Code section 2933.1. He claims that his conduct credits should have been determined pursuant to Penal Code section 4019. Respondent concedes the matter must be remanded as to both sentencing issues. We agree, and accordingly, appellant’s sentence is vacated and the matter is remanded for further proceedings.
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