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Name: In re Martinez
Case #: B150882
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 12/05/2001
Subsequent History: Review granted 2/20/02. Depublished.

A petition for writ of habeas corpus was granted where the California Department of Corrections (CDC) miscalculated petitioner’s custody credits. CDC failed to consider that petitioner’s original conviction had been reversed, and therefore mischaracterized the nature of the 1092 days she spent in custody between the dates of the conviction and the reversal. The 1092 days in custody should have been characterized as presentence time and custody credits should have been calculated under Penal Code section 4019.