People v. Madison
Opinion
Opinion
Kline, J.
Pierre B. Madison appeals from an order imposing a previously suspended four-year prison term after appellant’s exclusion from the California Rehabilitation Center. He contends the trial court erred in calculating his credits for time served.
Statement of the Case
Appellant was committed to the California Rehabilitation Center (CRC) after pleading guilty to a charge of selling cocaine. He was received at CRC on October 31, 1991. On April 22, 1992, he was excluded from CRC due to his excessive criminality and the case was referred back to the trial court pursuant to Welfare and Institutions Code section 3053. He was incarcerated at the California Institution for Men/Reception Center Central (CIM), in Chino, from April 22 to June 24, on which date he was transferred to San Quentin.
On July 27, the court imposed the four-year prison sentence that had been suspended when appellant was committed to CRC. On July 28, the court filed an order granting appellant a total of 347 days’ credit for time served: 291 for actual days served plus 56 days’ conduct credit. Appellant filed a timely notice of appeal on July 28, 1992.