California Court of Appeals, Second District, Fifth Division
FOR PARTIAL PUBLICATION[*]]
from a judgment of the Superior Court of the County No.
BA429371 of Los Angeles, Norm Shapiro, Judge.
[Copyrighted Material Omitted]
J. Voich, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Lance E. Winters, Assistant
Attorney General, Steven D. Matthews and Corey J. Robins,
Deputy Attorneys General, for Plaintiff and Respondent.
convicted defendant and appellant Alfonso Puerto of criminal
threats (Pen. Code, § 422, subd. (a)) and battery (§
242), and found true a criminal street gang allegation
applied to both offenses (§§ 186.22, subds.
(b)(1)(B), (d)). The trial court found true the allegation
that defendant had a prior felony conviction within the
meaning of the “Three Strikes” law (§§
667, subds. (a)-(d) & 1170.12, subds. (b)-(g)) and four
prior felonies within the meaning of section 667.5,
subdivision (b). Defendant was sentenced to state prison for
11 years and awarded 306 days of sentence credit consisting
of 153 days of actual custody and 153 days of conduct credit.
contends insufficient evidence supports the jury’s
criminal street gang allegation findings, the prosecution did
not plead or prove the prior strike conviction, and the trial
court erred in calculating his award of sentence
credit. We affirm the criminal street gang allegation and
prior strike conviction findings, and order the minute order
for defendant’s sentencing hearing and the abstract of
judgment modified to reflect 416 days of sentence credit