P.

INTRODUCTION

Defendant Richard Lewis Lyons, Jr., pleaded guilty to a felony count of dissuading a witness (Pen. Code, § 136.1, subd. (b)(1)) and no contest to misdemeanor counts of residential trespass (Pen. Code, § 602.5) and simple assault (Pen. Code, § 240).1 He also admitted to having a prior strike conviction. In exchange for his plea, defendant received a four-year state prison sentence. On appeal, defendant asserts he is entitled to dual credits under People v. Bruner (1995) 9 Cal.4th 1178 (Bruner), for time served in presentence custody for his parole violation. Additionally, he contends the trial court improperly imposed a $240 “minimum” restitution fine pursuant to Penal Code section 1202.4 because the minimum amount at the time he committed his crime was only $200. Defendant argues that his

1 Further unspecified statutory references are to the Penal Code. 1 trial counsel rendered ineffective assistance by failing to object to the incorrect minimum amount imposed. We reject defendant’s contention that he is entitled to presentence credits for time served for his parole violation. But we hold defendant’s trial counsel prejudicially erred in failing to object to the…