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Name: People v. Richter
Case #: F043190
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/18/2005
Subsequent History: Rev. den. 7/20/05

Appellant was originally convicted of grand theft in 1998, and placed on probation. He violated probation in 1999, and a bench warrant was issued for his arrest. He was not picked up on the bench warrant until 2002. He was continued on probation and ordered to serve 90 days in custody, to be served on a work release program. His probation was extended until 2004. In January, 2003, appellant violated probation again. The trial court determined that he was not entitled to custody credits for the time spent on work release in 2002. In this appeal, appellant contended that he was entitled to custody credits for the time he spent in a work release program, pursuant to Penal Code section 4024.2. The appellate court disagreed and affirmed. A work release participant is not in custody, and therefore not entitled to credits for time spent in a work release program under section 4024.2.