People v. Moralez CA3

BACKGROUND

On January 22, 2021, defendant resolved case No. 19F7455 by pleading no contest to corporal injury of a spouse (Pen. Code, § 273.5, subd. (a))1 and false imprisonment by violence (§§ 236, 237). Defendant also admitted the truth of the great bodily injury enhancement (§ 12022.7, subd. (e)), as well as the prior strike enhancement (§ 1170.12). In exchange, the People dismissed the remaining count and enhancement, and defendant received a stipulated aggregate prison sentence of eight years four months, the makeup of which is not at issue in this appeal. Defendant also resolved via this plea agreement a pending probation violation in case No. 17F6062, for which he received a prison sentence of four, three-year terms (each concurrent to each other and case No. 19F7455) and dismissal of another matter. Relying upon the calculations of the probation officer, the trial court awarded defendant 731 actual credits plus 730 conduct credits for a total of 1,461 custody credits in case No. 17F6062 and 414 actual credits plus 414 conduct credits for a total of 828 custody credits in case No. 18F7455. The People questioned whether defendant’s conduct credits should be limited to 15…