People v. Hoffman CA5

INTRODUCTION

Defendant, Sara Elisabeth Hoffman, was charged with transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and possession of methamphetamine for sale (Health & Saf. Code, § 11378). A jury found defendant guilty on both counts, and defendant was placed on five years of probation and ordered to serve four months in county jail and four months of electronic monitoring. On appeal, defendant argues: (1) the trial court miscalculated defendant’s presentence conduct credit; (2) the minute order and order granting probation include restitution fines that were not imposed by the trial court; and (3) the minute order and order granting probation erroneously state defendant was guilty by plea rather than guilty by jury trial. We order the minute order and order granting probation amended to reflect an additional six days of presentence conduct credit for defendant and defendant’s conviction by jury trial. We also order defendant’s restitution fines stricken from the minute order and order granting probation. In all other respects, the judgment is affirmed.

DISCUSSION

I. Defendant is entitled to six days of presentence conduct credit.

Defendant argues, and…