Hankins
People v. Hankins
Opinion
Opinion
Moon, J.
Facts
After pleading guilty to possession of amphetamines (Health & Saf. Code, § 11378) pursuant to a stipulation that his sentence would run concurrent with any sentence imposed on another felony case, Richard Milton Hankins was referred for a narcotics evaluation under Welfare and Institutions Code section 3051. After spending 175 days at the California Rehabilitation Center (CRC), he was found unamenable to treatment. Criminal proceedings were reinstated and Hankins was sentenced to the upper term of three years. As against this term, the trial court gave Hankins credit for: 113 days actual local time; 57 days conduct credit (local time); 175 days actual CRC time (amended upward from 144 days actual).
The trial court gave no conduct credit for his actual CRC time. Hankins contends the judgment should be modified to give him good time/work time credits (hereinafter conduct credit) for the 175 days at CRC.
Issues
1. Does Welfare and Institutions Code section 3201, subdivision (c), entitle appellant to conduct credit for CRC?
2. Do principles of equal protection require the trial court to give appellant conduct credit for CRC time?