People v. Robinson CA5

INTRODUCTION

Appellant Kevin Robinson pled no contest to numerous offenses, including attempted kidnapping to commit robbery (Pen. Code, §§ 664/209, subd. (b)(1)),1 second degree robbery (§ 211), and home invasion robbery (§§ 211/213, subd. (a)(1)(A)). The trial court sentenced appellant to 30 years in state prison pursuant to the terms of a negotiated plea agreement. Appellant’s claims on appeal are limited to the trial court’s calculation of his presentence conduct credits pursuant to section 4019. First, he claims the trial court should have awarded presentence conduct credits for his time spent on presentence electronic monitoring. Second, he claims the trial court inadvertently excluded 40 days of actual custody time from its calculation, thereby denying him six additional days of presentence conduct credits. Respondent concedes both claims. We accept respondent’s concessions and remand the matter to the trial court to recalculate appellant’s presentence conduct credits. In all other respects, we affirm.

BACKGROUND

Appellant’s convictions are based on a series of armed robberies involving 13 different victims. We need not discuss the facts underlying appellant’s conviction…