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Name: People v. Pacheco
Case #: H035418
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/17/2011

A prior juvenile adjudication for Penal Code section 186.22 (participation in a criminal street gang) is not an exception to the day-for-day presentence credit calculation scheme of amended Penal Code section 4019. By his guilty plea, appellant was convicted of assault likely to cause great bodily injury and the court found true the allegation that appellant had a prior “Strike” resulting from a juvenile court adjudication for participation in a criminal street gang. The appellate court agreed with appellant that because his juvenile court adjudication is not a “conviction” (see Welf. & Inst. Code, sec. 203), it was not a prior serious conviction and, thus, did not fall within the exception to amended Penal Code section 4019. Appellant therefore was entitled to day-for-day presentence credits. On the other hand, the court disagreed with appellant that the prior juvenile adjudication did not constitute a prior strike, affecting the sentence imposed for the assault offense. (See People v. Nguyen (2009) 46 Cal.4th 1007 [juvenile adjudications may serve as strikes even though there is no right to jury trial in juvenile court].)