Stump

John Leroy Stump (defendant) was charged by information with driving under the influence of alcohol/drugs with a prior felony within 10 years, in violation of Vehicle Code section 23152, subdivision (a) (count one), and with driving with a blood-alcohol content of at least 0.08 percent with a prior felony within 10 years, in violation of Vehicle Code section 23152, subdivision (b) (count two). The information alleged, pursuant to Vehicle Code section 23538, subdivision (b)(2), that defendant had a blood-alcohol content of at least 0.20 percent. It further alleged, pursuant to Penal Code section 667.5, subdivision (b), that defendant had suffered three prior convictions of Vehicle Code section 23152, for which he had served separate prison terms.

Defendant, who was on parole at the time of his arrest, pleaded guilty, in exchange for a sentencing cap of no more than four years. The court sentenced defendant to a total of four years in state prison. Defendant was given credit for 504 actual days served and 252 days for good conduct, for a total of 756 days.

Defendant appeals his sentence. He argues the court erred in denying him credit for an additional 152 days, which he…