Skip to content
Name: People v. Valencia
Case #: B245709
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/19/2014

Defendant was entitled to three extra days of credit but since he has served his sentence, the issue is moot. Defendant pled no contest to forgery and other felony charges. He was sentenced to county jail under the Realignment Act (Pen. Code, § 1170, subd. (h)(1)) and no post-incarceration period of supervision was imposed. One issue on appeal was that defendant was due three days of presentence credit. Held: Issue moot. While defendant’s appeal was pending, he served his entire sentence. Even though presentence credit issues are not always moot in these circumstances, none of the exceptions applied to defendant’s case. He is not subject to post-release supervision and no fines had been imposed against which excessive time served in custody could be applied. Thus, there are no collateral consequences that might be ameliorated by the award of additional credits.