Credits Archives

Categories: Credits, Probation, Probation / Parole / PRCS, Sentencing

Summary

Trial court misinformed probationer convicted of violent felony that he would receive the same number of conduct credits if he was ultimately sentenced to prison. After pleading guilty to a violent felony (Pen. Code, § 288.5, subd. (a)), Arevalo was…

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Name: People v. Steward

Case #: A148242

Opinion Date: 02/09/2018

Categories: Credits, Prop 47, Sentencing

Summary

When a defendant who was sentenced to prison on multiple convictions is partially resentenced under Proposition 47, any excess credits may be applied to reduce the term of postrelease community supervision (PRCS). In 2007, Steward was sentenced to nine years…

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Name: In re Mallard

Case #: D071345

Opinion Date: 01/27/2017

Categories: Credits, Prop 47, Sentencing

Summary

Fifteen percent limit on conduct credits applies to violent offender's entire sentence, including term for a felony reclassified as a misdemeanor under Proposition 47. Defendant pleaded guilty to possession of marijuana and was placed on probation. While on probation, he…

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Name: People v. Santa Ana

Case #: H042604

Opinion Date: 05/31/2016

Categories: Credits, Sentencing

Summary

Dual custody credit is improper in a multiple restraint case where the trial court imposes a probationary jail term in one case and imposes a consecutive probationary jail term in the other case. Santa Ana was on probation for an…

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Name: People v. Adams

Case #: B257829

Opinion Date: 03/03/2016

Categories: By CALCRIM Number, Credits, Jury Instructions, Limitations on, One Strike Priors, Sentencing

Summary

Defendants sentenced pursuant to the One Strike law may not receive any conduct credits based on 2006 amendment to Penal Code section 667.61. Defendants Adams and Moreland were convicted of forcible rape in concert (Pen. Code, § 264.1, subd. (a)),…

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Name: People v. Superior Court (Rangel)

Case #: E061292

Opinion Date: 01/12/2016

Categories: Credits, Prop 36 - Three Strikes, Sentencing

Summary

Excess custody credits resulting from resentencing under the Three Strikes Reform Act (Pen. Code, § 1170.126) should be applied to reduce the period of postrelease community supervision (PRCS). In 1996, Rangel was convicted of being a felon in possession and…

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Name: People v. Morris

Case #: H041781

Opinion Date: 11/12/2015

Categories: Credits, Fines/Fees/Assessments, Prop 47, Sentencing

Summary

After Proposition 47 resentencing, a defendant's excess custody credits may be applied to reduce eligible fines, including restitution fines in cases where the crime occurred before 2014. In 2013, Morris pleaded no contest to felony petty theft with priors (Pen.…

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Name: People v. Whitaker

Case #: D065729

Opinion Date: 07/29/2015

Categories: Credits, Sentencing

Summary

Two-for-two, not one-for-one, formula applies to determine the number of presentence conduct credits defendant is entitled to under Penal Code section 4019. During Whitaker's sentencing, the trial court awarded him 326 days of conduct credits under section 4019 and 327…

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Name: People v. Hickman

Case #: B260928

Opinion Date: 06/17/2015

Categories: Areas Constitutional Law, Credits, Equal Protection, Prop 36 - Three Strikes, Prop 47, Sentencing

Summary

Following a Proposition 47 resentencing, a trial court may, in its discretion, order one year of supervised parole without consideration of presentence custody credits. In 2007, Hickman pled guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd.…

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Name: People v. G.H.

Case #: E059718

Opinion Date: 10/30/2014

Categories: 1368 Competence, Credits, Pretrial Motions, Sentencing

Summary

Trial court properly determined that defendant was not entitled to have precommitment custody credits applied against commitment period in state hospital to restore competency. In May 2010, G.H. was charged with multiple offenses. He was found incompetent to stand trial…

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