Pottorff

People v. Pottorff

Good Law
1996 Cal. App. LEXIS 758·47 Cal. App. 4th 1709·55 Cal. Rptr. 2d 536·96 Daily Journal DAR 9637·96 Cal. Daily Op. Serv. 5913
Court of Appeal of CaliforniaAugust 6, 1996A067363California4,321 words

Opinion

Opinion

McGUINESS, J.

James Harvey Pottorff appeals from the sentence he received after pleading no contest to 19 counts of committing a lewd or lascivious act with a child. He contends that the court erred in refusing to award him presentence custody credit for the time he spent on bail subject to certain restrictions. We disagree. Accordingly, we affirm.

Factual and Procedural Background

After appellant’s arrest on December 1, 1993, the San Mateo District Attorney charged him by complaint with 12 counts of committing a lewd or lascivious act with a child (Pen. Code, § 288, subd. (a)), and alleged that he was ineligible for probation because he occupied a position of special trust with the victims (former § 1203.066, subd. (a)(9)). The municipal court set bail at $200,000. On December 8, the district attorney filed an amended complaint alleging 38 counts under section 288 and appellant’s probation ineligibility under former section 1203.066, subdivision (a)(9), as to 37 of the counts.

At a December 8, 1993, bail status hearing, the prosecution asked that the court increase bail to at least $400,000 in light of the additional charges. The court rejected this request and permitted appellant…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.