People v. Carter CA3

Filed 2/29/16 P. v. Carter CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Nevada) ----

THE PEOPLE, C079214

Plaintiff and Respondent, (Super. Ct. No. TF15-000080)

v.

JOEL WILLIAM CARTER,

Defendant and Appellant.

Defendant Joel William Carter pleaded no contest to corporal injury to a spouse (Pen. Code, § 273.5, subd. (a))1 and stalking (§ 646.9, subd. (a)), and admitted he was previously convicted of a strike offense. The trial court sentenced defendant to an aggregate term of seven years four months in state prison.

On appeal, defendant contends the trial court wrongly failed to calculate his presentence conduct credit and break down the fines and fees on the record. The People

1 Undesignated statutory references are to the Penal Code.

1

concede the errors. We accept the People’s concessions and remand the matter accordingly.

FACTUAL BACKGROUND2

Following defendant’s conviction, the trial court sentenced him to seven years four months in state prison in accordance with defendant’s plea agreement. The court then awarded defendant 76 days of presentence custody credit but no conduct credit, finding the “CDC is supposed to calculate, upon [defendant’s] admission, his right to good time, work time, so we’ll leave that to him.”

The court also ordered defendant to pay various fines and fees, as follows: “So the $200 base fine on [section] 273.5 would get tacked up to $735 with penalty assessments; $300 payable to the victim restitution fund; an additional $300 imposed but suspended under [section] 1202.45, this he would only have to pay if his eventual parole is revoked. $40 court security fee, $30 facility fee.