Jacobs

Pursuant to a plea bargain, Mathew James Jacobs pleaded no contest to forcible rape (Pen. Code, § 261, subd. (a)(2)) and admitted a sentence enhancement allegation pursuant to section 12022.8 in case No. CR-11-01306 and pleaded no contest to unlawful sexual intercourse with a minor more than three years younger than he (§ 261.5, subd. (c)) in case No. CR-11-01572. On appeal, defendant Jacobs raises an ineffective assistance claim with respect to defense counsel’s failure to argue for a lesser sentence within the agreed range and asserts that he is entitled to additional presentence credits for time served.

We reject the ineffective assistance claim but we find errors in the calculation of presentence credits. Accordingly, we modify the judgments and affirm them as modified.

I

PROCEDURAL HISTORY

Defendant was arrested on July 22, 2011. The record reflects that bail in the amount of $50,000 was posted on defendant’s behalf by Luna Bail Bonds on July 23, 2011.

On August 15, 2011, a complaint was filed in case No. CR-11-01306. It alleged that defendant had committed forcible rape in violation of section 261, subdivision (a)(2), on or about July 21, 2011. It further…