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Name: People v. Clavel
Case #: A097338
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/08/2002
Subsequent History: Depublished. Substituted opinion at, on rehg. at and reissued on 11/1/02 at 103 Cal. App. 4th 516

An appeal filed challenging the miscalculation of custody credits was dismissed where appellant failed to first pursue his remedy in the trial court. Appellant’s letter to the trial court requesting amendment of the abstract did not suffice. Both Penal Code section 1237.1 and People v. Fares (1993) 16 Cal. App. 4th 954 explicitly require a formal motion be filed with the court. The informal procedure relied on by appellate counsel does not meet the needs of an orderly appellate process. The appellate court also noted that although the appeal was dismissed, appellant was free to file a…

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Name: In re Black
Case #: A094946
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/05/2002
Subsequent History: Rev. granted 12/18/02: S110683

Black was convicted of a violent felony in 1996 and sentenced to five years in state prison, with his credits limited to 15 percent pursuant to Penal Code section 2933.1, subdivision (a). In 1999, he was convicted of possession of marijuana by a prisoner and sentenced to a concurrent three year term. In setting Black’s parole release date, the Department determined that the 15 percent credit limitation applied to the 1999 offense, which was not a violent felony. This extended Black’s term by one year. Black challenged the Department’s decision in a writ to the Superior…

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Name: People v. Johnson
Case #: S097755
District CalSup
Opinion Date: 08/19/2002
Subsequent History: None

An express waiver of presentence credit accrued under Penal Code section 2900.5 is enforceable when a trial court in sentencing a defendant to a maximum term of imprisonment conditions a grant of probation upon the defendant’s waiver of custody…

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Name: People v. Cooper
Case #: A087483
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 11/01/2000
Subsequent History: Review Granted February 14, 2001 (S092882)

Appellant was convicted of second degree murder and sentenced under Penal Code section 190 to a term of 15 years to life. At the time of the offense, section 190 allowed prisoners convicted of murder to earn custody credits to reduce their minimum term. Appellant was awarded sentencing credits calculated pursuant to section 2933.1, which limited the presentence conduct credit for persons convicted of a violent felony to 15 percent of the time served. On appeal, appellant argued that he should have received credits pursuant to section 4019, because he was sentenced under section 190, which was…

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Name: In re Williams
Case #: B133998
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 09/19/2000
Subsequent History: Modification of opinion on denial of rehearing 84 Cal.App.4th 351d; petition for review den. 1/17/01

Petitioner Williams entered into a plea bargain in which he pleaded guilty to an escape in return for a specified sentence which included presentence credits. After sentencing, the Department of Corrections informed the court that he was not entitled to the credits, because he was serving a prison term during the presentence time period. Without holding a hearing, the trial court struck the presentence credit provision. Williams' petition for writ of habeas corpus was granted. Because petitioner was not entitled to presentence credit while serving a prison term for another offense, awarding presentence credit made the…

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Name: People v. Culp
Case #: F038699
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/07/2002
Subsequent History: None

Noncontinuous periods of presentence credit should be aggregated when calculating good behavior and work performance credits under Penal Code section…

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Name: In re Young
Case #: B155373
District 2 DCA
Division: 6
Opinion Date: 05/06/2002
Subsequent History: Rev. granted 8/14/02: S106706

Appellant, a "second strike" inmate, saved the life of a prison employee by performing the Heimlich maneuver when the employee was choking. He requested the Department reduce his prison term in recognition of his conduct, pursuant to the "heroic act" provisions of Penal Code section 2935, and the prison employee supported his request. The Department denied it, and the superior court rejected his habeas petition. Here the appellate court likewise "regretfully" rejected the petition. The "Three Strikes" law limits the credits that may be awarded to a "strike" offender, and contains no express exception for rewarding…

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Name: People v. Mack
Case #: C037421
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/19/2002
Subsequent History: Rehg. granted 5/14/02 & modified, on rehg. remanded. Rev. granted 8/28/02. Depublished.

Mack's 1995 conviction for robbery was vacated following the grant of habeas corpus relief in federal court based upon the denial of the trial court to allow Mack to represent himself. When the case returned for retrial, Mack entered a negotiated plea to robbery. He was awarded credit for the prison time already served on the conviction, and requested that the trial court award him in prison conduct credits at a rate of one-half pursuant to Penal Code section 2930, or one-third pursuant to section 4019. The trial court determined the prior sentence to be time served…

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Name: People v. McGarry
Case #: C037114
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/28/2002
Subsequent History: None

Where the total of defendant's presentence actual and good conduct custody credit exceeds the jail term imposed, the court many calculate a monetary credit based on the excess credit at $30 per day. (Pen. Code, sec. 2900.5, subd. (a).) Appellant here argued that since the trial court applied his credit to wipe-out the base fine, the penalty assessments were not "freestanding" because they applied only to fines collected by the court. The Court of Appeal disagreed, finding that a prisoner's monetary credit resulting from excess presentence credit must be applied proportionally among his obligations to pay the…

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Name: People v. McNamee
Case #: E028823
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/08/2002
Subsequent History: Rev. denied 5/1/02.

Appellant was convicted of second degree murder and an enhancement for the use of a firearm. He was sentenced to 15 years to life for the murder and 10 years consecutive for the firearm use enhancement. The trial court found that appellant was not eligible for presentence conduct credits because of the murder conviction. On appeal, appellant contended that that section 2933.2 barred credits against the indeterminate sentence, but did not bar credits against the 10 year determinate term. The appellate court here affirmed, finding that section 2933.2 bars presentence credits against the determinate part of…

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