People v. Murillo

Opinion

SIMS, J.

Defendant pled guilty to second degree burglary (Pen. Code, § 459). 1 Two factually unrelated cases were dismissed with Harvey 2 waivers. Defendant was sentenced to the upper term of three years in state prison, with 117 days presentence credit.

On appeal, defendant challenges imposition of the upper term and the calculation of his presentence credits. In an unpublished portion of this opinion, we conclude the trial court properly imposed the upper term. In this published portion, we conclude the trial court properly denied defendant presentence credits (§§ 1203.03, subd. (g),…