Anaya
People v. Anaya
Opinion
Opinion
Perren, J.
Respondent Esther Torres Anaya was released on bail pending her trial for embezzling money from the elderly over whom she exercised guardianship authority on behalf of the County of Ventura. Conditions of her release included electronic monitoring and some restriction on her freedom of movement. Anaya pled guilty to the charges and was sentenced to prison. She was awarded 434 days of presentence custody credit for the time she was released on bail. The district attorney appeals, asserting that the trial court erred in giving her the credits. We agree and reverse with directions to the trial court to amend the abstract of judgment to delete 434 days of presentence credit.
FACTUAL AND PROCEDURAL BACKGROUND
Anaya was charged in a second amended complaint with 47 counts of theft from an elder or dependent adult (Pen. Code, § 368, subd. (d)) (counts 1-47); embezzlement by a public officer (Pen. Code, § 504) (count 48); fraudulent tax filings (Rev. & Tax. Code, §§ 19705, subd. (a)(1), 19721, subd. (a)(1)) (counts 49-52); and a special allegation that the total property value taken exceeded $50,000 (Pen. Code, § 12022.6, subd. (a)(1)).