P.

DISCUSSION

I. Abstract of Judgment

The abstract of judgment incorrectly reflects the original sentence of 16 years four months rather than the 14-year term agreed to on remand.2 We will order the abstract corrected. (People v. Mitchell (2001) 26 Cal.4th 181, 185.)

1 Pursuant to defendant’s request for judicial notice, we have incorporated herein the file in defendant’s prior appeal, case No. C064030. 2 Under the resentencing scheme, count 12 is the principal term with a midterm sentence of two years (rather than three years); counts 3 and 4 are concurrent eight-month sentences (rather than consecutive); and all other counts are as previously sentenced, for an aggregate prison term of 14 years (a 28-month reduction to the original aggregate sentence of 16 years, four months).

II. Phase III Presentence Custody Conduct Credits

Defendant contends the trial court should have awarded him presentence custody conduct credits under Penal Code section 40193 for the 474 actual days he spent in custody from the date of our reversal remittitur in case No. C064030 (Mar. 3, 2011) to the date he was resentenced (June 18, 2012). The People agree. So do we.

“Where a defendant has served…