Torres

People v. Torres

Good Law
1997 Cal. App. LEXIS 87·52 Cal. App. 4th 771·60 Cal. Rptr. 2d 803·97 Daily Journal DAR 1374·97 Cal. Daily Op. Serv. 937
Court of Appeal of CaliforniaFebruary 7, 1997A073287California4,572 words

Opinion

Opinion

Peterson, J.

In this case, we hold, inter alia, that when defendants convicted of drug offenses are granted probation conditioned on participation in a residential drug treatment program, the court does not abuse its sentencing discretion by imposing as a standard condition of that probation a waiver of custody credits under Penal Code section 2900.5, subdivision (a) for time spent in the applicable rehabilitation facility. In so holding, we follow one decision from Division Two of this district, People v. Ambrose (1992) 7 Cal.App.4th 1917 [ 9 Cal.Rptr.2d 812 ] (Ambrose), and conclude a later decision from the same division, People v. Penoli (1996) 46 Cal.App.4th 298 [ 53 Cal.Rptr.2d 825 ] (Penoli), was incorrectly analyzed. In addition, we reject appellant’s claims of ineffectiveness of trial counsel and, therefore, affirm the judgment of conviction.

I. Facts and Procedural History

Appellant was a letter carrier for the United States Postal Service who delivered drugs from the mail truck she drove.

Officer Corrigan of the City of Napa Police Department and postal inspectors working for the United States Postal Service began an investigation of appellant after they received reports…

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