Darnell

The sole issue here presented is whether the appellant, convicted of violating Vehicle Code section 23152, is entitled to custody credits for time served in an alcohol rehabilitation program as a pretrial condition to release on his own recognizance. Under the constrictions of a limited record before us, we find that he is entitled to credit for actual time served but is not entitled to conduct credits. We affirm the judgment and remand for resentencing.

Facts

The engrossed settled statement and the limited record reveal chronologically that November 30, 1988 Thomas Darnell was charged by complaint with driving under the influence of alcohol, violating Vehicle Code section 23152, subdivisions (a) and (b), and with three similar prior convictions. December 20, 1988, appellant was released on his own recognizance conditioned upon his residency in Adobe House, an alcohol rehabilitation facility. The prosecution did not object to this procedure. He remained there from January 3, 1989, through and including May 7, 1989. March 21, 1989, appellant entered a plea of no contest to violation of Vehicle Code section 23152, subdivision (b), driving with a blood-alcohol level of .10…