Fares
People v. Fares
Opinion
Opinion
Froehlich, J.
Michael Richard Fares was convicted by a jury of grand theft. (Pen. Code, 487, subd. 1.) His probation for two prior convictions was revoked and he was sentenced on all three convictions. Fares’s appeal does not challenge the trial or verdict in any respect. His one contention of error relates to the computation of presentence custody credits made by the trial court at the time of sentencing. He had spent 95 days of actual custody on one of the cases with respect to which probation was revoked. The court gave him credit for these 95 days, but added no section 4019 credits. Section 4019 provides that a prisoner will earn additional presentence credits for time previously served (when his work performance and behavior have been satisfactory).
The unusual mathematical calculation required to derive section 4019 credits from actual time served has given rise to a number of appellate pronouncements. (See In re Jackson (1986) 182 Cal.App.3d 439 [ 227 Cal.Rptr. 303 ]; People v. Bobb (1989) 207 Cal.App.3d 88 [ 254 Cal.Rptr. 707 ]; People v. Bravo (1990) 219 Cal.App.3d 729 [ 268 Cal.Rptr. 486 ].) Based on Fares’s admitted service of 95 presentence actual custody days, the…