P. v. Creswell
A jury convicted defendant Orlando Creswell of first degree robbery in concert, first degree robbery, burglary, and battery. It made no findings, however, on allegations of six prior convictions for purposes of the Three Strikes law, three prior serious-felony convictions for purposes of five-year sentence enhancements, and one prior prison term for purposes of a one-year sentence enhancement. The trial court sentenced defendant under the Three Strikes law to two consecutive 25-year-to-life terms for the robbery convictions, one stayed 25-year-to-life term for the burglary conviction, and a consecutive 31 year term for the enhancements. Defendant appealed, and we reversed the judgment with directions to hold a court trial on the allegations. The trial court found the allegations true and sentenced defendant as before. On appeal, defendant contends that the trial court erred by (1) denying his motion to dismiss the allegations grounded on his statutory right to a speedy trial (Pen. Code, § 1382 [failure to bring action to trial within 60 days after filing of remittitur]),[1] and (2) failing to account for custody credits between his original sentencing and resentencing. The People concede the custody-credit issue, and we agree that the concession is appropriate. We otherwise disagree with defendant. We therefore modify and affirm the judgment.
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