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Name: People v. Mitchell
Case #: B168243
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/21/2004
Subsequent History: 10/13/04 Rev. Den.

Appellant was sentenced to state prison for five years for a drug offense. The sentence was suspended and he was committed to CRC on January 8, 2003. On January 29, he was declared ineligible for CRC because he was on parole at the time of his commitment, but he was not transferred to the county jail for resentencing until May 2. On June 10, his suspended sentence was imposed and he was sent to state prison. He was given no conduct or worktime credits for the 112 days he spent at CRC. On appeal, he contended he was entitled to section 4019 credits for the 93 days between January 29 (the CRC exclusion) and May 2 (the day of his transfer to county jail), and the Attorney General conceded. The court accepted the concession in part and held that he was entitled to 2933 credits from the date of commitment, but giving him no 4019 credits (so as to avoid dual credits for the same period).