Fitzgerald

Defendant, Kevin Francis Fitzgerald, appeals from a judgment of conviction, after a guilty plea, of forcible anal and genital penetration with a foreign object. (Pen. Code, § 289, subd. (a).) He was sentenced to six years in state prison. We appointed counsel to represent defendant on appeal. Appointed counsel was unable to find any arguable contentions to raise on appeal and filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ]. However, the Attorney General argues that defendant received an excessive award of presentence conduct credits. After conducting the independent review of the record mandated by Wende and finding no arguable contentions that would benefit defendant, we agree with the Attorney General that an excessive award of conduct credits was granted and so modify the judgment.

Defendant was charged with one count of felony false imprisonment (§236); one count of anal and genital penetration by means of force or violence (§ 289, subd. (a)); one count of forcible oral copulation (§ 288a, subd. (c)); and three counts of forcible rape. (§261, subd. (a)(2).) He eventually pled guilty to a single count of anal…