P. v. Jones
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Defendant pled no contest to one count of assault with a firearm and admitted a prior 2012 conviction for the same offense in exchange for a four-year sentence. Defendant contends the court erred in not awarding him presentence custody credits in accordance with Penal Code section 4019. The sole issue presented is whether the trial court incorrectly calculated presentence custody credits.
The Second Appellate District agreed that presentence custody credits should have been calculated pursuant to Penal Code section 4019. The court, therefore, modified the judgment to reflect presentence custody credits in the total amount of 993 days and otherwise affirmed the judgment as so modified. The court explained while not a qualifying violent felony, Defendant’s assault charge and prior strike qualify as a serious felony. The People, therefore, relied on sections 667 and 1170.12 in arguing that Defendant’s prior strike means his presentence credits were limited by those statutes. But the Three Strikes law has no effect on the calculation of presentence conduct credits.
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