Palazuelos

Appeal from the portion of a state prison sentence denying conduct credit.

After appellant pled nolo contendere to two felony charges, a petition was filed under Welfare and Institutions Code section 3051 for his involuntary commitment to the Director of Corrections for confinement in the California Rehabilitation Center (CRC). The trial judge found such a CRC commitment was inappropriate and sentenced appellant to state prison for a term of three years and eight months. After appellant accepted the terms and conditions of probation, execution of sentence was suspended and appellant was admitted to probation.

Among the conditions of probation was a requirement that appellant enroll in the “Narcotics Education League Program,” a privately operated residential drug treatment program. Appellant was to remain in the program as long as the director of the program and the probation officer concurred. It was further provided that if he left the program without approval he would return to court within two court days of his departure for a review of the terms and conditions of probation. He completed the program in 153 days.

Later appellant was found to have violated other…