People v. Pyles CA4/2

Filed 9/15/15 P. v. Pyles CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E061715

v. (Super.Ct.No. FVI1203257)

MITCHELL PYLES, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Debra Harris,

Judge. Affirmed as modified.

Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Peter Quon and Barry Carlton,

Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Mitchell Pyles is serving 15 years to life after pleading no contest to

sexual penetration of a child age ten or under. Defendant’s sole claim on appeal is that

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the trial court failed to credit him with any of the 88 days of presentence conduct credits

to which he was entitled. The People agree, as does this court, that defendant is entitled