People v. Pirtle CA4/1

Filed 11/12/13 P. v. Pirtle CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063488

Plaintiff and Respondent, (Super. Ct. Nos. SCD243096, v. SCN312679)

RICKY DON PIRTLE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County,

Dwayne K. Moring, Judge. Judgment affirmed as modified.

John L. Staley, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant

Attorney General, Julie L. Garland, Assistant Attorney General, Charles C.

Ragland and Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and

Respondent.

Ricky Don Pirtle appeals after he pleaded guilty to one count of possessing

a controlled substance for sale in two separate cases (SCD243096, SCN312679).

He received a total term of five years in local custody. He contends, the Attorney

General concedes, and we agree that the trial court erroneously calculated his total

presentence custody credits by calculating the actual custody credits and conduct