Opinion
E052675
01-04-2012
THE PEOPLE, Plaintiff and Respondent, v. DONALD LEE BASINGER, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. RIF10000835)
OPINION
APPEAL from the Superior Court of Riverside County. Bambi Moyer, Temporary judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed as modified.
Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, and Gary W. Schons, Assistant Attorney General, for Plaintiff and Respondent.
Defendant and appellant Donald Lee Basinger pled guilty to attempted grand theft (Pen. Code, §§ 487, subd. (a), 664, subd. (a)), admitted two prison prior enhancements (Pen. Code, § 667.5, subd. (b)), and was sentenced to a total term of two years eight months in prison. Defendant's counsel moved the trial court to correct defendant's conduct credits and the indication on the abstract of judgment that defendant's conduct credits were calculated under Penal Code section 2933.1. Minutes from the hearing on the motion state, "People stipulate to the corrections. [¶] Motion Granted," and recite corrected conduct credits, state that all other aspects of the sentence remain in effect, and order the preparation and forwarding of an amended abstract of judgment. The amended abstract corrected defendant's credits, but retained the marking in the "2933.1" box. Accordingly, on appeal, defendant contends, and the People concede, the abstract should be modified so that the "2933.1" box is not marked.
Defendant had initially pled guilty and been sentenced to prison for attempted receipt of stolen property. (Pen. Code, §§ 496, subd. (a), 664, subd. (a).) However, the Department of Corrections and Rehabilitation informed the trial court that subdivision (d) of Penal Code section 496 provided for a sentencing range for attempted violations notwithstanding Penal Code section 664.
They are correct because Penal Code section 2933.1 applies only to restrict the conduct credits of persons "convicted of a felony offense listed in subdivision (c) of Section 667.5." Attempted grand theft is not recited as a violent felony under Penal Code section 667.5, subdivision (c).
DISPOSITION
The superior court clerk is directed to correct the abstract of judgment to remove the marking of the "2933.1" box and then forward a certified copy of the corrected abstract to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur: KING
J.
CODRINGTON
J.