P. v. Jackson
Defendant and appellant Glen Edward Jackson, Jr., was charged by amended information with infliction of corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a), counts 1 & 2).[1] It was also alleged that he had served one prior prison term (§ 667.5, subd. (b)), and he had one prior strike conviction (§§ 667, subds. (c) & (e)(1)(A), 1170.12, subd. (c)(1).) Pursuant to a plea agreement, defendant pled guilty to count 2 and admitted the prison prior and prior strike conviction. The court sentenced him to the agreed upon term of five years in state prison, consisting of the low term of two years on count 2, doubled pursuant to the strike conviction, plus one year for the prior prison term enhancement. The court awarded 24 days of presentence custody credits. The court also dismissed count 1 pursuant to the plea agreement.
Defendant moved the court to correct the number of presentence custody credits awarded, pursuant to the October 1, 2011 modification to section 4019. The court changed the amount of custody credits awarded to 40 days (20 actual days and 20 conduct credits).
Defendant filed a timely notice of appeal. We affirm.
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