Nunez

People v. Nunez

Good Law
167 Cal. App. 4th 761·2008 Cal. App. LEXIS 1612·84 Cal. Rptr. 3d 397
Court of Appeal of CaliforniaOctober 17, 2008B202276California2,147 words

Opinion

Opinion

Rubin, J.

Eduardo Marin Nunez appeals from the trial court’s calculation of his presentence conduct credits (sometimes known as “good time/work time credits”) under Penal Code section 2933.1, subdivision (c). We affirm, with a minor modification of the sentence.

FACTS AND PROCEEDINGS

In April 2006, appellant Eduardo Marin Nunez pleaded guilty to one count of robbery (case No. VA093554). The court sentenced appellant to two years in state prison, but suspended his sentence and placed him on three years’ probation with credit based on 90 days actually served presentence. One month later, appellant unlawfully drove someone else’s car (case No. BA303484). He was later arrested and held without bail, and a jury convicted him of unlawful driving. (Veh. Code, § 10851, subd. (a).)

The court sentenced appellant to four years in state prison for unlawful driving. The court also terminated appellant’s probation for robbery and ordered him to serve his two-year sentence for that offense concurrently with his sentence for unlawful driving. For appellant’s term of imprisonment for robbery, the court awarded him 105 days of presentence custody credit, consisting of 90 days’ actual time served…

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