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Name: People v. Silva
Case #: C042576
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/10/2003
Subsequent History: Rev. den. 3/17/04

Appellant spent 171 days on the electronic monitoring program, while serving a jail sentence as a condition of probation following a burglary conviction. Appellant admitted several probation violations and execution of his sentence was ordered. He was awarded presentence custody credit under Penal Code section 2900.5 for the 171 days of electronic monitoring, but the trial court denied his request for presentence conduct credit (Pen. Code, sec. 4019) for that period. The appellate court here affirmed the denial of the conduct credits. Even assuming that the appellant remained “committed to” county jail while on the home monitoring program, he was not in “actual custody” as required by subdivision (f) of section 4019. He was therefore not entitled to conduct credits under 4019.