Shabazz

People v. Shabazz

Good Law
107 Cal. App. 4th 1255·132 Cal. Rptr. 2d 708·2003 Cal. App. LEXIS 571·2003 Daily Journal DAR 4110·2003 Cal. Daily Op. Serv. 3258
Court of Appeal of CaliforniaApril 17, 2003B162919California1,204 words

Opinion

Opinion

Turner, J.

I. Introduction

Defendant, Lennal Khabir Shabazz, pled no contest to one felony forgery count in violation of Penal Code section 470, subdivision (d). He also admitted serving two prior prison terms within the meaning of section 667.5, subdivision (b). Defendant was sentenced to 16 months in state prison. He received credit for 86 days of actual presentence custody, plus 42 days of conduct credit, for a total presentence custody credit of 128 days. The trial court imposed a $200 restitution fine (§ 1202.4) and a $200 parole restitution fine (§ 1202.45). Defendant appeals from the judgment of conviction. In the published portion of this opinion, we resolve the question of whether defendant sustained his burden of proving his presentence credits arose solely because of the forgery of which he has been convicted in this case.

II. Discussion

A.-C.

Defendant was a state prison parolee on July 12, 2002, when he committed the present offense. Previously, on March 31, 2001, a warrant had been issued for defendant’s arrest due to a parole violation. (§§ 3056, 3060.) Defendant was arrested on August 8, 2002, on the outstanding March 31, 2001, parole warrant. Later, he was also…

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