In Re Martinez
Opinion
Opinion
Pamela C. Martinez filed a petition for a writ of habeas corpus, claiming the court and California Department of Corrections (CDC) miscalculated her custody credits and has therefore held her beyond her proper release date. Martinez is correct. CDC's credits calculation failed to take into account the fact Martinez's original conviction had been reversed. Thus, the CDC miseharacterized the nature of 1,092 days Martinez spent in custody from the date of her original conviction in July 1996 until July 1999, when the court reversed the conviction. Martinez's 1,092 days in custody should have been characterized as "presentence" time and her custody credits should have been calculated under Penal Code section 4019. [1] We grant the petition.
In February 1995, Martinez was arrested for theft and burglary. On December 11, 1995, she was convicted of petty theft with prior convictions. On July 9, 1996, the court sentenced her to 25 years to life under the Three Strikes Law. In March 1999, this Court granted Martinez habeas corpus petition on her claim of ineffective assistance of counsel. On July 6, 1999, Martinez's conviction and sentence were reversed.