People v. Regalado

Opinion

DOSSEE, J. *

On appeal from a judgment of conviction for burglary, defendant contends that the trial court abused its discretion in imposing the upper term under the determinate sentence law. In particular, it is argued that the court erred in allegedly failing to consider as a circumstance in mitigation (1) that defendant was addicted to narcotics, and (2) that defendant exercised caution to avoid harm to the victim. Lastly, defendant urges that his credit for time served be modified to reflect an accurate computation of one day credit for each two days actually served. We conclude…