The People v. Magana CA3

FACTS

The facts of defendant’s offense are not at issue and need not be set forth in this opinion.

DISCUSSION

I Custody Credit Defendant contends, and the People concede, the judgment must be modified to award him 165 days of custody credit. We accept the People’s concession. Defendant was in custody from his arrest on October 17, 2011, through his sentencing on March 29, 2012, a period of 165 days.2 Accordingly, we modify the judgment to award him 165 days of custody credit. II Sex Crime Fine and Penalty Assessments Defendant contends, and the People concede, the abstract of judgment must be amended to itemize the components of the $1,140 sex crime fine and penalty assessments. We accept the People’s concession.

2 The error appears to have originated with the probation report’s assertion that defendant was entitled to 123 days of custody credit, rather than 124, as of the original sentencing date of February 17, 2012.

2 Section 290.3, subdivision (a), authorizes a base sex crime fine in the amount of “three hundred dollars ($300) upon the first conviction or a fine of five hundred dollars ($500) upon the second and each subsequent conviction, unless the court determines…