In Re Reina

Good Law
171 Cal. App. 3d 638·1985 Cal. App. LEXIS 2440·217 Cal. Rptr. 535
Court of Appeal of CaliforniaAugust 26, 1985A030507California2,420 words

Opinion

Opinion

Sabraw, J.

Petitioners Alfonso Reina and Ronnie Esparza seek credits against their sentence on a basis of one day credit for one day served during a period in which they were assigned to a segregation unit in San Quentin Prison. We conclude that they were entitled to the credit they seek because their assignment to the segregation unit was a result of a nonadverse transfer from an institution where they were earning credit at the level of one day credit for one day served (hereinafter referred to as one-for-one credit).

Before their transfer to San Quentin, petitioners were incarcerated at Deuel Vocational Institution (DVI) where they were housed in L wing which was a segregated housing unit for members and affiliates of the Neustra Familia prison gang. Due to the physical arrangement of the L wing facilities, it was possible to conduct a textile industry work program within the facilities and eligible inmates, including petitioners, were able to earn one-for-one credits by participating in the program. (Ibid.) Upon their transfer to San Quentin and pending review for appropriate housing, petitioners were initially placed in administration segregation, due to the information from…

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