People v. Valentine CA3

DISCUSSION

On July 24, 2013, an information was filed charging defendant with one count of assault with a deadly weapon and by means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).)1 The information further alleged that defendant personally caused great bodily injury to the victim. (§ 12022.7, subd. (a).) On December 6, 2013, a jury returned a guilty verdict on the assault charge, but found the enhancement allegation not true. Defendant was originally scheduled to appear for sentencing on January 27, 2014. In anticipation of the sentencing hearing, the probation department prepared a report indicating that defendant had been in custody for 102 days, from April 13, 2013, through January 27, 2014. The sentencing hearing was continued to March 13, 2014, resulting in an additional 44 days in custody. At the sentencing hearing, the trial court awarded defendant 146 days of custody credit and 146 days of conduct credit, for a total of 292 days of credit. The trial court also imposed a $300 restitution fine, a $300 parole revocation fine (which was stayed pending completion of parole), a $40 court security fee, a $30 conviction fee, a $30 surcharge, and…