People v. Dickey CA4/1

INTRODUCTION

On the same day in March 2011, the trial court sentenced Ira M. Dickey in four

separate cases and awarded him differing amounts of presentence custody credit in each

case. In February 2013 Dickey filed a petition for writ of error coram vobis seeking an

order directing the Department of Corrections and Rehabilitation to recalculate his

release date based on the case in which he had earned the greatest number of presentence

custody credits. The trial court denied the petition on both procedural and substantive

grounds.

Dickey appeals. His appointed appellate counsel filed a brief requesting we

independently review the record for error. (See People v. Wende (1979) 25 Cal.3d 436,

441-442.) Having done so and having identified no reasonably arguable appellate issues,

we affirm the judgment.

BACKGROUND

Case No. SCD212263

On September 23, 2008, Dickey pleaded guilty to owning and operating a chop

shop (Veh. Code, § 10801) and being a felon in possession of a firearm (formerly Pen.

Code, § 12021, subd. (a)(1), now Pen. Code, § 29800, subd. (a)(1)). The trial court

sentenced him to four years and eight months in prison, but stayed execution of the

sentence…