People v. White CA4/1

Filed 2/28/13 P. v. White CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D061507

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCN296460 & SCD231738) LATRELL KENNETH WHITE,

Defendant and Appellant.

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

Kirkman, Judge. Affirmed as modified with directions.

In case No. SCN296460, a jury found Latrell Kenneth White guilty of burglary (Pen.

Code, § 459)1 and petty theft (§ 484). White admitted having a prior petty theft conviction

(§ 666, subd. (b)(1)) and a strike (§ 667, subds. (b)-(i)). The court sentenced him to four years

in prison (twice the middle term) for burglary, with a stayed sentence for petty theft with a

prior theft conviction (§ 654). The court imposed a concurrent prison term in case No.

SCD231738, having earlier revoked probation in that case. White appeals, contending he is

1 All further statutory references are to the Penal Code.

entitled to additional presentence custody credit in case No. SCN296460 and the restitution

fine and parole revocation fine in case No. SCD231738 must be reduced.2 We agree with the

latter contention.