Guzman

People v. Guzman

Caution
1995 Cal. App. LEXIS 1143·40 Cal. App. 4th 691·47 Cal. Rptr. 2d 53·95 Daily Journal DAR 15718·95 Cal. Daily Op. Serv. 9012
Court of Appeal of CaliforniaNovember 29, 1995H013246California3,031 words

Opinion

Opinion

Mihara, J.

Defendant pled guilty to several narcotics offenses pursuant to a plea bargain, and a six-year prison term was imposed on May 31, 1988. However, the criminal proceedings were suspended, and he was committed to the California Rehabilitation Center (CRC). At that time, he was given 80 days of credit for actual time served. Defendant was received by the CRC on June 25, 1988. Thus, prior to the commencement of his CRC commitment, defendant had served 105 actual days in county jail. Between June 1988 and June 1994, defendant served a total of 104 actual days in county jail after 4 arrests for violating his CRC parole. In August 1994, the CRC notified the Santa Clara County Superior Court that on June 9, 1994 it had excluded defendant from the CRC after determining that he was “not suitable” for the civil addict program because of “his proneness for violence” evidenced by “his self proclaimed” gang affiliation. The CRC informed the court that “[a]s of 7/18/94,” defendant had spent 1057 days in custody during his CRC commitment. Defendant was sent to San Quentin “pending Court action.” He was subsequently returned to Santa Clara County for sentencing. On September 28, 1994, the…

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