People v. Chongo CA3

Filed 6/16/14 P. v. Chongo CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Glenn) ----

THE PEOPLE, C073297

Plaintiff and Respondent, (Super. Ct. No. 11NCR08788)

v.

AGUSTIN DURAN CHONGO,

Defendant and Appellant.

Defendant Agustin Duran Chongo entered a negotiated plea of guilty to sexual penetration of a child under 14 years by force or fear (Pen. Code, § 289, subd. (a)(1)(B)) and was sentenced to prison. At sentencing, the trial court awarded presentence credits: 527 days of actual custody, plus 79 days of conduct credit. On appeal, defendant does not challenge the court’s calculation, but asks that we order the abstract of judgment be amended to correctly reflect the award of 79 days of conduct credit. The…