People v. Alvarado CA2/5

INTRODUCTION

Defendant and appellant Oscar Alvarado (defendant) was convicted of aggravated mayhem (Pen. Code, § 2051), criminal threats (§ 422), and assault by means likely to produce great bodily injury (§ 245). On appeal, defendant contends that insufficient evidence supports his conviction for aggravated mayhem (count 2), and the abstract of judgment must be amended consistent with trial court’s oral pronouncement of judgment that he was sentenced to life with the possibility of parole on count 2. The Attorney General argues that the judgment must be modified, and the abstract of judgment must be amended, to reflect that defendant was entitled to receive 83 days of conduct credit instead of 84 days. We remand the matter for the trial court to amend the abstract of judgment to reflect the trial court’s oral pronouncement that defendant was sentenced to life with the possibility of parole on count 2, and to modify the judgment and amend the abstract of judgment to reflect that defendant was entitled to receive 83 days of conduct credit, for a total of 640 days of presentence custody credit. We otherwise affirm the judgment.

1 All statutory citations are to the Penal Code…