In Re Smith

The People appeal from the order granting defendant’s petition for a writ of habeas corpus awarding defendant one-for-one credit pursuant to Penal Code section 2933 for time served while defendant was “out to court.” We will reverse the order.

Defendant was sentenced to state prison by the Placer County Superior Court on July 1, 1983. He was transferred to the California Correctional Institute at Tehachapi and on September 2, 1983, there enrolled in a program which permitted him to earn one-for-one credits as provided by Penal Code section 2933. On December 1, 1983, pursuant to defendant’s request to have pending charges against him in Alameda County resolved (Pen. Code, § 1381), defendant was transferred to Alameda County. From December 1, 1983, to April 25, 1984, defendant remained in the custody of Alameda County jailers after which he was returned to Tehachapi.

Pursuant to California Department of Corrections classification manual, chapter 300, section 314, subdivision (e), defendant was refused one-for-one credit for the time he was confronting the pending charges in Alameda County, and was placed in a category of persons earning credit at the rate of one-for-two.…