Reynolds

*143 Opinion

Appellant Willie Reynolds pied guilty to robbery and admitted the use of a gun during commission of this offense. He was committed to the California Youth Authority (CYA). Some months later, he was returned to court and sentenced to prison. He was given credit against his prison sentence for time spent under the control of the Youth Authority. He now contends he should also be entitled to conduct credit against his sentence for time spent with the Youth Authority. We'disagree.

Appellant was returned to the court and sentenced pursuant to Welfare and Institutions Code section 1737.1, which provides in pertinent part: “Whenever any person who has been convicted of a public offense in adult court and committed to . . .the Youth Authority appears to the Youthful Offender Parole Board ... to be an improper person to be retained by the Youth Authority, or to be so incorrigible or so incapable of reformation under the discipline of the Youth Authority as to render his or her detention detrimental to the interests of the Youth Authority and the other persons .committed thereto, the board may order the return of such person to the committing court. The court may then commit…

I dissent from the decision of this court insofar as it denies behavioral (good time/work time) credits to appellant, assuming he earned them during his incarceration in the Youth Authority facility. It appears to me that equal protection principles demand that appellant be entitled to such credits if he has earned them.

Appellant Willie Reynolds pled guilty to robbery and admitted the use of a gun during commission of this offense. He was committed to the California Youth Authority (CYA). Some months later, he was returned to court and sentenced to prison. He was given credit against his prison sentence for time spent under the control of the Youth Authority. (1) He now contends he should also be entitled to conduct credit against his sentence for time spent with the Youth Authority. We disagree.

Appellant was returned to the court and sentenced pursuant to Welfare and Institutions Code section 1737.1, which provides in pertinent part: "Whenever any person who has been convicted of a public offense in adult court and committed to ... the Youth Authority appears to the Youthful Offender Parole Board ... to be an improper person to be retained by the Youth Authority, or to be so incorrigible or so incapable of reformation under the discipline of the Youth Authority as to render his or her detention detrimental to the interests of the Youth Authority and the other persons committed thereto, the board may order the return of such person to the committing court. The court may then…