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Name: People v. Superior Court (Rangel)
Case #: E061292
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/12/2016
Subsequent History: Review granted 4/13/2016: S232439

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 sentenced to 25 years to life under the Three Strikes law. After the Three Strikes Reform Act (Prop. 36) passed, Rangel filed a petition for resentencing. The trial court granted it and resentenced Rangel to a term of nine years. Because Rangel had already served 18 years in prison, the trial court did not place Rangel on three years of…

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Name: People v. Morris
Case #: H041781
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/12/2015

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. Code, § 666, subd. (a)) and admitted he had a prior strike and two prison priors. The court sentenced him to four years and imposed various fines and fees, including a $280 restitution fine (Pen. Code, § 1202.4, subd. (b)(2)). After Proposition 47 passed, Morris filed a petition to reduce his conviction to a misdemeanor. The court granted it and…

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Name: People v. Whitaker
Case #: D065729
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/29/2015

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 days of actual custody credits. Whitaker appealed, arguing that he was entitled to day-for-day credits under section 4019 and therefore should have been awarded 327 rather than 326 conduct credits. Held: Affirmed. Section 4019 specifies the rate at which prisoners in local custody may earn good conduct credits. Subdivision (f) provides, "It is the intent of the Legislature that…

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Name: People v. Hickman
Case #: B260928
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/17/2015
Subsequent History: Review granted 8/26/2015: S227964

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. (a)) with three prison priors (Pen. Code, § 667.5, subd. (b)) and was granted probation. His probation was revoked in 2012 and he served two years in prison. After he was released on parole, Hickman filed a Proposition 47 petition to reduce his possession of methamphetamine conviction from a felony to a misdemeanor. The superior court granted his petition, resentenced…

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Name: People v. G.H.
Case #: E059718
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/30/2014

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 and committed to Patton State Hospital, not to exceed three years. The trial court ultimately concluded that G.H. was not entitled to have his precommitment custody credits applied against the commitment. G.H. appealed this ruling. Held: Affirmed. Under Penal Code section 1370, subdivision (c)(1), a defendant who has been found incompetent to stand trial may be committed to a…

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Name: People v. Phoenix
Case #: C069195
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/24/2014

When a trial court imposes a consolidated sentence in multiple cases, it must award custody credits related to an earlier case even when the earlier case was in a different county. In December 2008, Phoenix was convicted of a crime in Sacramento County and received a 32-month prison term. He was out of custody in October 2009 when he was arrested for shoplifting in Yolo County. He was returned to state prison custody and demanded resolution of the Yolo County case. Phoenix was then removed from state prison for the Yolo County case and spent time in custody to…

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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…

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Name: People v. Chilleli
Case #: B247311
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/14/2014

Where the offense is a continuing crime, presentence credits are calculated according to the statute in effect at the time the offense was completed. Appellant pled no contest to stalking (Pen. Code, § 646.9, subd. (b).) According to the complaint, he stalked the victim between July 23, 2009, and May 18, 2012. During this period, Penal Code section 4019 (which governs calculation of presentence conduct credits) was amended several times. On appeal, the court requested briefing as to whether the less favorable calculation rate of the 2011 amendment can apply to appellant without violating state and federal ex post facto…

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Name: People v. Ramirez
Case #: H038462
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/19/2014

Where offenses occurred both before and after the October 1, 2011 effective date of amendments to Penal Code section 4019, defendant was entitled to additional conduct credit as provided by the amendment. Ramirez pleaded no contest to 19 sex offenses prior to his preliminary hearing, some of which occurred on specific dates prior to October 1, 2011, and some after that date. Some of the offenses were alleged to have occurred between May or June of 2011 and November 2011. Because the Legislature amended section 4019 to award presentence credits at a higher rate for prisoners incarcerated for crimes committed…

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Name: People v. Miles
Case #: B242742
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/10/2013

Defendant who served time in presentence custody after October 1, 2011 for a crime committed before this date was not entitled to have his presentence conduct credits calculated under the October 1, 2011 version of Penal Code section 4019. Appellant was convicted of being a felon in possession of a firearm with a strike prior. The offense occurred on June 1, 2011. In July of 2012, appellant was sentenced to six years in state prison with credit for 415 actual days plus 415 conduct days. On appeal, the court questioned the award of day-for-day conduct credits. Appellant did not qualify…

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