P. v. Carrillo
A jury convicted defendant Timothy Ralph Carrillo of three counts of grand theft (Pen. Code, § 487, subd. (a)),[1] four counts of theft from an elder adult (§ 368, subd. (d)), five counts of first degree burglary (§ 459), six counts of embezzlement of property from an employer (§§ 508, 487, subd. (a)), and six counts of contracting without a license (Bus. & Prof. Code, § 7028, subd. (a)). Defendant waived his right to a jury trial on various prior conviction enhancement allegations, and the trial court found them to be true. The court denied defendant’s motion requesting dismissal of his prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) and sentenced him to an aggregate term of 35 years in prison, “consecutive to any other sentence that you’re serving in any other state,†including the 25-year term that he was then serving in Texas.
On appeal, defendant contends that the trial court (1) prejudicially erred in denying his motion to dismiss for failure to comply with section 1389, California’s codification of the Interstate Agreement on Detainers (IAD); (2) abused its discretion in denying his Romero motion; and (3) erred in refusing to award him one day of presentence custody credit. We affirm.
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