Regalado

On appeal from a judgment of conviction for burglary, defendant contends that the trial court abused its discretion in imposing the upper term under the determinate sentence law. In particular, it is argued that the court erred in allegedly failing to consider as a circumstance in mitigation (1) that defendant was addicted to narcotics, and (2) that defendant exercised caution to avoid harm to the victim. Lastly, defendant urges that his credit for time served be modified to reflect an accurate computation of one day credit for each two days actually served. We conclude that the judgment must be affirmed and that defendant’s valid claim with respect to conduct credits is a matter to be remedied by the Department of Corrections rather than the trial court.

In 1976, defendant was placed on probation for five years for two counts of burglary in the second degree. The standard terms and conditions of probation were imposed along with others which included a condition that he pay restitution to the victims, that he submit to drug testing, that he seek drug abuse counseling and that upon release from custody that he enter the in-patient drug rehabilitation program provided by…