Brown

Filed 11/26/

TO BE PUBLISHED IN THE OFFICIAL REPORTS

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

APPELLATE DIVISION

THE PEOPLE, Appellate Division No.: CA296089 Trial Court Case No.: M288983DV Plaintiff(s) and Respondent(s), Trial Court Location: Central Division

v.

DECISION/STATEMENT OF REASONS

ROBERT LAMONT BROWN, (CCP § 77(d)) BY THE COURT

Defendant(s) and Appellant(s).

APPEAL from the November 1, 2023, verdict, and December 5, 2023, sentence, Judge Marian Gaston. AFFIRMED in part, REVERSED with instructions in part. The issue in this case is whether Appellant’s Supervised Own Recognizance (“SOR”) release requirements were as custodial or restraining as a statutory home detention program pursuant to Penal Code section 1203.018. In order to be entitled to custody credits under Gerson, a defendant "must establish that the terms of his release were as 'custodial, or restraining' as a statutory home detention program pursuant to section 1203.018." (People v. Gerson (2022) 80 Cal.App.5th 1067, 1089.) For the reasons discussed below, this Court finds as a matter of law…