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Name: People v. Davenport
Case #: B194281
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 03/01/2007

Appellant was entitled to credits against his post-probation revocation prison term for time spent in a residential treatment program. Appellant was placed on probation following a 2004 narcotics possession conviction, and ordered into a Proposition 36 residential treatment program. His probation was later revoked. The trial court imposed a two-year prison term and refused to credit appellant for the 88 days spent in the drug treatment program. Appellant challenged the trial court’s denial of presentence custody credits, and the appellate court reversed and ordered the additional 88 days of custody credits. The California Supreme Court has made it clear that appellant is entitled to credit against his post-revocation prison term for the time he spent in residential drug treatment as a condition of probation, and neither the enactment of Proposition 36 nor the application of section 2900.5, subdivision (f) supports a contrary finding. (People v. Jeffrey (2004) 33 Cal. 4th 312.) Remand was not required for additional findings as to whether the Volunteers of America program qualified as a rehabilitation facility for purposes of the statute because at no time did the prosecutor make an objection. Further, appellant’s minimum eligible parole date was fast approaching and remand would reduce his meritorious pursuit to a Pyrrhic victory.