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Name: People v. Cofer
Case #: H050122
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/28/2024

When a defendant is sentenced concurrently at a single hearing to resolve multiple cases, Penal Code section 2900.5 requires the trial court to apply presentence credits for all periods of actual custody toward all concurrent sentences. Cofer was sentenced as part of a negotiated disposition of five open cases to a six-year principal term, with all other terms running concurrent. The trial court denied the request for dual presentence credits, ruling that under People v. Jacobs (2013) 220 Cal.App.4th 67, Cofer was not entitled to credits for cases where he remained on bail or on his own recognizance while in…

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Name: People v. Boyd
Case #: E081005
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/27/2024

The trial court lacked "fundamental jurisdiction" to hear defendant’s motion to correct error in calculating custody credits filed years after sentencing. The Court of Appeal follows People v. King (2022) 77 Cal.App.5th 629 in holding that an unauthorized sentence does not create trial court jurisdiction to correct the error, disagreeing with People v. Codinha (2023) 92 Cal.App.5th 976. Further, a sentence unauthorized in one respect (custody credits) does not require vacating the entire sentence or justify a full resentencing.

The full opinion is available on the court’s website here:

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Name: People v. Dean (2024) 99 Cal.App.5th 391
Case #: A166863
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 01/31/2024

At resentencing, the trial court is only required to recalculate all actual time the defendant has served, while CDCR is responsible for calculating a defendant’s postsentence conduct credits. Defendant was convicted of and sentenced to several felonies. The Court of Appeal reversed and remanded for resentencing due to an intervening change in the sentencing law. At resentencing, the trial court determined that since the initial sentencing hearing, defendant had earned 761 days actual credit with an additional 114 days of conduct credit pursuant to section 2933.1. Defendant appealed, arguing the trial court should have updated only the calculation of actual time…

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Name: People v. Govan (2023) 91 Cal.App.5th 1015
Case #: B316245
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/22/2023

It was an abuse of discretion to require a restraint belt without an individualized finding that defendant posed a safety or flight risk or was likely to disrupt the proceeding. A jury found defendant guilty of three counts of false imprisonment by violence; three counts of forcible oral copulation; three counts of forcible rape; and one count of attempted forcible rape. Because of the pandemic, jury selection was held in an unsecured room normally used for jury assembly. Because of this, and the seriousness of the charges, the trial court ordered defendant to be physically restrained by way of a…

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Name: People v. Shkrabak (2023) 89 Cal.App.5th 943
Case #: C096266
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/28/2023

Under equal protection principles, defendant is entitled to custody credits for time spent in state hospital after the trial court found him incompetent to stand trial. On appeal, defendant requested a recalculation of his custody credit to include time spent in state hospital receiving competency treatment. Held: Remanded for recalculation of credits. Penal Code section 4019 provides that defendants confined in specific facilities and in various settings may earn conduct credit. In 2018, Senate Bill No. 1187 amended section 4019 to allow defendants receiving competency treatment in county jail treatment facilities, but not in state hospitals, to receive conduct credit.…

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Name: People v. Davis
Case #: A164046
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/19/2023

Defendant was not entitled to presentence custody credits under Penal Code section 2900.5 for time spent in a residential treatment program where he voluntarily entered the program and his stay there was not attributable to the proceedings relating to his conviction. Defendant was charged with felony offenses (the first case). While he was out on bail for the first case, he was arrested for possessing percocet without a prescription. Shortly after the latter arrest, but before the resolution of all charges, defendant voluntarily enrolled in a residential drug treatment program. Later, defendant pleaded no contest to one felony charge in…

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Name: People v. Jones (2023) 88 Cal.App.5th 818
Case #: B318732
Court: CA Court of Appeal
District 2 DCA
Division: 9
Opinion Date: 02/27/2023

The trial court erred in failing to award presentence custody credits under Penal Code section 4019 because defendant’s current and prior assault with a firearm convictions did not qualify as violent felonies. Defendant pleaded no contest to one count of assault with a firearm and admitted a prior 2012 conviction for the same offense. Defendant argued on appeal the trial court erred in not awarding him presentence custody credits under section 4019. Held: Affirmed as modified to award credits under section 4019. Where a defendant has been in custody prior to sentencing, the defendant shall be given presentence credits pursuant…

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Name: People v. Arevalo
Case #: A150804
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 02/26/2018

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 placed on probation, with 365 days in jail as a condition. The court informed him that he would have to waive his custody credits that exceeded 365 days before it granted probation. The 365 days of credits included 183 credits for actual time served and 182 conduct credits under Penal Code section 4019. The court also explained that, if…

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Name: People v. Steward
Case #: A148242
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/09/2018

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 in prison for possession of methamphetamine, felony failure to appear, and enhancements. In 2015, his drug possession offense was reduced to a misdemeanor under Proposition 47 and the trial court waived the one year parole term (Pen. Code, § 1170.18, subd. (d)). Because Steward had credits that exceeded the new aggregate sentence, he was released from prison and placed on…

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Name: In re Mallard
Case #: D071345
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/27/2017

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 was convicted of carjacking. He was sentenced to three years in prison for the carjacking and, on the same day, his probation was revoked and the trial court imposed a consecutive eight-month term for the marijuana conviction. Defendant's marijuana offense was later reclassified as a misdemeanor under Proposition 47 and he was resentenced to a consecutive 240-day misdemeanor term for…

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