Culp

People v. Culp

Good Law
100 Cal. App. 4th 1278·122 Cal. Rptr. 2d 924·2002 Cal. App. LEXIS 4488·2002 Daily Journal DAR 8985·2002 Cal. Daily Op. Serv. 7187
Court of Appeal of CaliforniaAugust 7, 2002F038699California1,959 words

Opinion

Opinion

Wiseman, J.

This appeal presents the sole issue of whether the trial court erred in refusing to aggregate noncontinuous periods that defendant spent in presentence custody when calculating good behavior and work performance credits (good/work credits) pursuant to Penal Code section 4019. We conclude this was error and direct the court to amend the abstract of judgment to reflect an award of two additional days of credit.

Procedural History

By information, William Wayne Culp (defendant) was charged with six felonies: (1) possessing methamphetamine for sale (count 1; Health & Saf. Code, § 11378) while armed (§ 12022, subd. (c)); (2) maintaining a place for selling, giving away, or using a controlled substance (count 2; Health & Saf. Code, § 11366); (3) possessing methamphetamine while armed (count 3; Health & Saf. Code, § 11370.1, subd. (a)); (4) being a felon in possession of a firearm (count 4; § 12021, subd. (c)(1)); (5) receiving a stolen vehicle (count 5; § 496d, subd. (a)); and (6) receiving stolen property (count 6; § 496, subd. (a)). Count 4 was subsequently dismissed on the district attorney’s motion. A jury found defendant guilty on all remaining charges.

Defendant was…

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