People v. Valdes
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Defendant appealed a judgment following his conviction for second degree robbery, with a finding that he used a deadly or dangerous weapon in the commission of the offense. After defendant was sentenced to an aggregate prison term of 11 years, he moved for correction of presentence custody credits and abstract of judgment, claiming he was entitled to "an additional one (1) presentence credit day for a total of 296 presentence credit days." The trial court denied the motion.
The Court of Appeal reversed, agreeing with defendant that his 11 year sentence must be reduced by one day. In this case, defendant's 38-day good time/work time credit entitles him to a total credit of 296 days instead of 295. Accordingly, the court remanded to the trial court with instructions to correct the sentence. The court affirmed in all other respects.
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