P.

BACKGROUND

In 1997 a jury convicted Justin Thomas Miller of assault with a firearm, discharging a firearm from a motor vehicle, and possession of a firearm by a convicted felon. The jury further found that he used a firearm in the commission of the first two offenses and committed all three offenses in association with a criminal street gang. The trial court sentenced him to 18 years in prison and awarded no presentence credit. We affirmed his conviction on appeal, but agreed that the firearm-use enhancement had been improperly imposed on his conviction for discharging a firearm from a motor vehicle and remanded for resentencing. (People v. Miller (B118884) [nonpub. opn.].) Upon remand, the trial court sentenced defendant to 17 years in prison and directed the Department of Corrections to calculate defendant’s credits. Defendant again appealed, and we affirmed. (People v. Miller (B139535) [nonpub. opn.].) The California Appellate Project apparently filed an ex parte motion to correct defendant’s presentence credits, and on November 20, 2000, the trial court awarded defendant a total of 104 days of presentence credit, consisting of 91 days of actual custody time and 13 days of…