People v. Johnson

Michael Ray Johnson appeals from a modification of the judgment. [1] A jury convicted defendant of two counts of vehicle theft (Veh.Code, § 10851, subd. (a)) and found true that defendant had three prior strike convictions (Pen.Code, § 667, subds.(b)-(i)) [2] and two prior prison terms (§ 667.5, subd. (b)). The superior court modified the sentence and redetermined credits after the California Department of Corrections (CDC) alerted the court that the previously imposed sentence was unauthorized. It was the third time that the court had amended the abstract of judgment.

On appeal, defendant argues that the trial court erroneously believed that the Three Strikes law mandated imposition of a consecutive sentence on count two and miscalculated credit for time served by awarding too many actual days of custody credit and by awarding no days of local conduct credit under section 4019. [3] Defendant maintains that he should have been given credit for 1305 actual days of custody and 220 days of section 4019 credit.

We conclude that defendant waived the claim that the sentencing court had discretion to impose a concurrent term on count two by failing to raise the issue below.…