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Name: People v. Burroughs
Case #: D039544
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/13/2003
Subsequent History: Rev. granted 7/23/03

A waiver of custody credits and conduct credits earned under Penal Code sections 2900.5 and 4019 which is intended to apply not only to an immediate grant of probation, but also to any later prison sentence if probation is subsequently revoked, must show that the defendant was aware that the waiver applied to the subsequent prison term. The court noted that the issue is presently pending before the California Supreme Court (People v. Arnold (S106444/C037898) and People v. Jeffrey (S105978/A095147)); because there is a difference of opinion in the lower appellate courts, the Court of Appeal here followed the…

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Name: In re Martinez
Case #: S103581
Court: CA Supreme Court
District CalSup
Opinion Date: 04/03/2003

Holding in People v. Buckhalter (2001) 26 Cal.4th 20, that a prisoner serving a state prison sentence and who obtains a remand for resentence is entitled to conduct credit calculated at the postsentence rather than presentence rate, the Supreme Court expressly reserved the question of how the credit would be calculated when the underlying conviction was reversed. The Court now holds that the rule is the same when the conviction is reversed. Presentence custody is more than a mere label for time served before a sentence is imposed. Persons who are held pretrial are presumptively innocent and…

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Name: People v. Shabazz
Case #: B162919
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/17/2003
Subsequent History: None

Appellant was a state prison parolee when he committed a forgery, to which he pleaded no contest. A warrant had earlier issued because of a parole violation, and appellant was arrested first for the parole violation, and then for the forgery. The appellate court here requested briefing on the question of whether appellant was entitled to presentence custody credit, and then concluded it was error to have awarded appellant with presentence custody credits in this case. Appellant was arrested on the parole violation and remained in custody pursuant to a parole hold during the entire time from…

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Name: In re Marquez
Case #: S102729
Court: CA Supreme Court
District CalSup
Opinion Date: 03/27/2003
Subsequent History: 5/21/03: opn modified without change in judgment

Marquez was convicted in Monterey County of burglary and several prior felony convictions. He was sentenced to 25 years in prison, with credit for pretrial custody. Then, his conviction on an earlier Santa Cruz case was reversed and the case dismissed. On his petition for writ of habeas corpus, the superior court refused him credits for the time spent in custody after he was sentenced on the Santa Cruz case, but before he was sentenced in this case. The appellate court here reversed that order. Once Monterey County had a "hold" on appellant, his custody…

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Name: People v. Daniels
Case #: B158974
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 02/27/2003
Subsequent History: Rev. denied 5/14/03.

Conduct credits against a defendant’s prison sentence attributable to a jail term served as a condition of probation are subject to the 15% limitation of Penal Code section 2933.1. Initially, imposition of sentence was suspended, and probation granted. Even though defendant received credits on his one-year conditional jail term under Penal Code section 4019 for time in custody before probation was granted and while he was in jail, once probation was revoked and he was sentenced to prison, the actual custody time was subject to the 15%…

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Name: People v. Wheeler
Case #: F038303
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/05/2003
Subsequent History: Order mod. opinion 3/6/03 (no change in judgment). Rev. denied 4/23/03.

A wife’s statement to her husband regarding her adultery is admissible as a statement against her social interest. Appellant/husband shot the wife’s lover after the wife told him about her affair. During trial, the People anticipated the wife’s invocation of her spousal privilege not to testify against her husband. They argued it was admissible as nonhearsay under the social interest exception. (Evid. Code, sec. 1230.) This statement meets all the requirements for admissibility and trustworthiness under that exception: 1) the declarant has sufficient knowledge of the subject, 2) the declarant is unavailable as a witness, 3)…

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Name: People v. Hilger
Case #: B156790
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 01/09/2003
Subsequent History: Rev. granted 3/19/03: S113526.

Appellant waived his custody credits pursuant to People v. Johnson (1978) 82 Cal.App.3d 183, in order to spend his additional jail time for a probation violation in the county jail instead of state prison. However, when he violated probation again, he was sent to state prison and was not given credit for time served in local custody because he had waived his credits. On appeal, appellant argued that his waivers were invalid because he did not know they applied to the suspended four year prison sentence. The appellate court here agreed, and reversed. A "Johnson waiver"…

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Name: People v. Johnson
Case #: H023838
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/17/2003
Subsequent History: Mod. on den. of rehrg. on 2/13/03; Rev. granted 4/23/03

Defendant is entitled to conduct credit for confinement through date of resentencing following recall of initial sentence. Here the trial court modified the sentence and redetermined credits after CDC alerted the court that the previously imposed Three Strikes sentence was unauthorized. It was the third time that the court had amended the abstract of judgment. Addressing the credits, this time the court awarded too many actual days of custody credit and awarded no days of local conduct credit under Penal Code section 4019. Under People v. Buckhalter (2001) 26 Cal.4th 20, the Supreme Court has held that…

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Name: People v. Baker
Case #: A096731
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/20/2002
Subsequent History: Rev. granted 2/25/03: S112982

When a defendant is convicted of both a violent and a nonviolent felony in separate criminal proceedings, and receives a consecutive sentence on the two offenses, Penal Code section 2933.1, subdivision (c) limits the presentence conduct credits on both offenses, even if the presentence custody time on the nonviolent offense was served prior to the commission of the violent…

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Name: People v. Clavel
Case #: A097338
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 11/01/2002
Subsequent History: None

Penal Code section 1237.1 requires the defense to first pursue correction of presentence credits in the trial court before making such a claim on direct appeal. Although nothing precludes the pursuit of such correction by informal letter request, if that fails, the defense is required to make a formal motion in the superior court. Without such a preliminary step, the appeal must be dismissed if only the issue of presentence credits is raised on…

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