Rodriguez

Defendant was charged with the felony offense of murder in violation of section 187 of the Penal Code. His motion to suppress evidence of a letter written by him to his wife while they were both inmates in jail was denied. He waived jury trial. The court found him guilty of second degree murder; probation was denied. Defendant was sentenced to state prison for the upper term of 7 years; credit was allowed for time served in custody in the amount of 252 days, and 42 days were allowed for good time credit.

Defendant appeals from the judgment of conviction. He advances the following contentions in an effort to overturn his conviction: (1) that the trial court erred in denying his motion to suppress evidence of the inter-spousal jail letter; (2) that the trial court erred in considering the letter when denying probation to defendant; and (3) that he was entitled to additional sentence credit of 42 days for work time while in county jail custody. (Pen. Code, § 4019, subd. (b).)

I

The Factual Summary

On May 28, 1978, about 2:30 p.m., defendant and his wife entered the Hi-Out Tavern in Goleta. Andrew Saavedra, the victim, was there and purchased a drink for defendant and the…