People v. Robey CA4/3

FACTS

At the sentencing hearing, the court stated that it had read and considered the probation report. It sentenced defendant to life in prison on count 1, attempted murder (§§ 187, subd. (a), 664, subd. (a)), and life in prison on count 2, torture (§ 206), with the sentence on count 2 stayed pursuant to section 654. It also sentenced defendant to six years on count 3, child abuse (§ 273a, subd. (a)), with the sentence stayed. In addition, the court sentenced defendant to six years with respect to the section 12022.7, subdivision (d) enhancement pertaining to count 1, to run consecutively to the life sentence. The court ordered a custody credit of 710 actual days and confirmed with defendant’s counsel that 710 actual days was the correct number of days for the custody credit. Neither the court nor counsel for either party addressed the matter of conduct credits at the hearing.

All subsequent statutory references are to the Penal Code, unless otherwise specifically stated.

2 II

DISCUSSION

A. Conduct Credits: Defendant, as we have noted, contends the court erred in failing to award conduct credits. The Attorney General, citing sections 1237 and 1237.1, argues…