Puerto

A jury convicted defendant and appellant Alfonso Puerto of criminal threats (Pen. Code, § 422, subd. (a)) and battery (§ 242), and found true a criminal street gang allegation applied to both offenses (§ 186.22, subds. (b)(1)(B), (d)). The trial court found true the allegation that defendant had a prior felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (a)-(d), 1170.12, subds. (b)-(g)) and four prior felonies within the meaning of section 667.5, subdivision (b). Defendant was sentenced to state prison for 11 years and awarded 306 days of sentence credit consisting of 153 days of actual custody and 153 days of conduct credit.

Defendant contends insufficient evidence supports the jury’s criminal street gang allegation findings, the prosecution did not plead or prove the prior strike conviction, and the trial court erred in calculating his award of sentence credit. We affirm the criminal street gang allegation and prior strike conviction findings, and order the minute order for defendant’s sentencing hearing and the abstract of judgment modified to reflect 416 days of sentence credit consisting of 208 days of actual custody and 208…