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People v. Calos6/25/2002
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The trial court did not state a reason for imposing consecutive terms. (Pen. Code, § 1170, subd. (c).) Defendant contends that the court's omission was error that requires a remand of the matter for resentencing. We disagree.
"Only one criterion or factor in aggravation is necessary to support a consecutive sentence." (People v. Davis (1995) 10 Cal.4th 463, 552.) The record shows that defendant had numerous prior convictions. (Cal. Rules of Court, rule 4.421(b)(2).) During his testimony, defendant admitted that he suffered a 1991 misdemeanor conviction and a May 1994 felony conviction. The probation officer's report reflects that since defendant's May 1994 drug-related felony conviction, defendant suffered additional convictions for being under the influence of a controlled substance, unlawful taking or driving of a vehicle, driving with a blood-alcohol level of 0.08 percent or more, and the current offenses. In addition, defendant possessed a large quantity of methamphetamine with a street value of between $300 and $500. (Cal. Rules of Court, rule 4.421(a)(10).)
Given the foregoing aggravating factors, it is not reasonably probable that the court would impose a more favorable sentence if we were to remand the matter for resentencing. Thus, the error was harmless. (People v. Davis, supra, 10 Cal.4th at p. 552.)
c. Precommitment credit award
Defendant contends, and respondent agrees, that the court erred in calculating defendant's precommitment credit. The court awarded defendant 215 days of actual custody and 106 days of conduct credit, for a total precommitment credit award of 321 days. The parties agree that defendant's actual custody period was 220 days and that he was entitled to 110 days of conduct credit, for a total precommitment credit award of 330 days. We agree as well and modify the judgment accordingly.
DISPOSITION
The judgment is modified by striking defendant's precommitment credits and awarding instead 220 days of actual custody credit and 110 days of conduct credit, for a total precommitment credit award of 330 days. The trial court is directed to prepare an amended abstract of judgment reflecting these changes and to forward it to the Department of Corrections. As modified, the judgment is affirmed.
NOT TO BE PUBLISHED.
We concur:
ORTEGA, Acting P. J.
VOGEL (MIRIAM A.), J.
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