People v. Jobinger

Opinion

FRANSON, Acting P. J.

Statement of the Case

Two issues are presented in this appeal: (1) whether the trial court erred in considering certain factors in aggravation in sentencing appellant to prison * and (2) whether appellant is entitled to good conduct and participation credits (conduct credits) for the presentence time he spent at Atascadero State Hospital as a mentally disordered sex offender (MDSO).

We hold that although the trial court erred in considering certain factors in imposing the aggravated sentence on the principal term (count 8—rape), the error does not compel a remand…