People v. Harris CA4/1

Filed 7/31/14 P. v. Harris CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D064750

Plaintiff and Respondent,

v. (Super. Ct. No. SCD247880, SCD248197) MARK FREDERICK HARRIS,

Defendant and Appellant.

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

Deddeh, Judge. Affirmed as modified, with directions.

Steven J. Carroll, 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

Kimberley A. Donahue, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Mark Frederick Harris was convicted in two separate cases of multiple

felonies. He was sentenced to prison in both cases. He appeals, challenging only the

sentence in one of the cases. He argues the trial court should not have stayed a prison

prior, rather the trial court was required to strike the prior. Harris also contends he is

entitled to one more day of custody credit.

The People agree the court erred in staying, rather than striking the prison prior.