People v. Dinkins CA2/3

DISCUSSION

1. Appellant Is Entitled to Additional Precommitment Credit. At the April 2, 2013 sentencing hearing, the court awarded appellant 1,478 days of precommitment credit, consisting of 1,232 days of custody credit and 246 days of conduct credit. Appellant claims he is entitled to 370 additional days of conduct credit. We agree. There is no dispute appellant spent a total of 1,232 days in custody during the period from April 15, 2008, when police arrested him, through April 2, 2013, when the court sentenced him, inclusive.1 Respondent concedes appellant’s claim appears to be

1 Although there are 1,814 days from April 15, 2008, through April 2, 2013, inclusive, appellant apparently served only 1,232 of those days in custody. As respondent observes, after the court awarded precommitment credit, the court asked if the prosecutor wished to be heard. The prosecutor asked appellant’s trial counsel, “. . . I know [appellant] was out for a while[,] is that subtracted?” Appellant’s trial counsel replied yes and the prosecutor indicated she had nothing further. The parties thus 2 correct. Appellant is entitled to a total of 616 days of conduct credit pursuant to Penal Code section…