Davenport

Following his 2004 narcotics possession conviction, defendant was placed on probation conditioned on his participation and completion of an appropriate drug treatment program, pursuant to Proposition 36, the Substance Abuse Crime Prevention Act of 2000 (Pen. Code, §§ 1210-1210.5). Defendant’s probation was later revoked. The trial court imposed a two-year prison term, but refused to credit defendant for the 88 days he spent in a residential drug treatment program as part of his Proposition 36 sentence. The trial court ruled as a matter of law that time spent in a drug treatment program as a condition of probation under Proposition 36 cannot be credited against a subsequent prison term following probation revocation. Defendant timely appeals the trial court’s denial of his motion to correct the award of presentence custody credits. We reverse and order that defendant receive an additional 88 days of custody credits.

PROCEDURAL BACKGROUND

On September 22, 2004, defendant pled guilty to possession of a controlled substance in violation of Health and Safety Code section 11350. He was granted probation pursuant to Proposition 36, but probation was subsequently revoked. On…