People v. Merino CA2/3

BACKGROUND

Appellant, age 26, was on parole for an offense of lewd conduct with a child under the age of 14, having previously had sexual intercourse with another underage female, one of his cousins. While on parole after his previous conviction, he met a 13-year-old female Hesperia teenager, E., through family while she was in Los Angeles. E. initiated contact with appellant. After an exchange of telephone calls and texting, appellant

1 All further references to code sections are to the Penal Code unless otherwise designated. 2 picked E. up in Hesperia and drove her to a Los Angeles motel. There, over two nights, he engaged in consensual kissing with her, digital vaginal penetration, and oral copulation. He then drove her home to Hesperia.

DISCUSSION

Appellant raises one contention. He complains the trial court failed to award him appropriate presentence credits against his term of imprisonment. The contention, as the Attorney General concedes, has merit. At sentencing on September 10, 2013, the trial court inquired whether trial counsel had computed appellant’s entitlement to presentence credit pursuant to sections 2900.5 and 4019. The court clerk told the trial court that…