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Name: People v. Bryant
Case #: B205295
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/22/2009
Summary

Accused was entitled to conduct credits from the date competency was restored, despite late certification. Bryant was committed to the state hospital pursuant to Penal Code section 1370, subdivision (a)(1)(B). On May 21, 2007, professionals signed a report recommending he be returned to superior court as competent to stand trial. However, it was two months later that the hospital medical director designee certified Bryant competent. On appeal, Bryant argued that he was entitled to conduct credits from May 21, 2007. The appellate court agreed and modified the credits. Section 1372, subdivision (a)(1) expressly requires that once the accused has regained competency, the medical director of the hospital must immediately certify that fact by filing a certificate of restoration with the committing court. Equal protection principles warrant that Bryant be given conduct credits that he would have earned had he been returned to county jail timely.