People v. Kennedy

Opinion

ELIA, J.

In October 2011, appellant Stephen Paul Kennedy pleaded no contest to assault by force likely to cause great bodily injury. (Pen. Code, § 245, subd. (a)(1).) Appellant admitted a prior strike allegation. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) In exchange for his no contest plea, appellant was promised a four-year prison term.

On November 17, 2011, the court sentenced appellant to four years in state prison. The court awarded appellant only 21 days of custody credits consisting of 15 actual days and six days’ conduct credit.

Appellant filed a timely notice of appeal based…