People v. Tucker CA4/1

facts and charges.

DISCUSSION

At base, Tucker is attempting to increase the amount of presentence custody

credits to be applied against his 13-year sentence. The effect of concurrent sentencing

was that the credits applied to case No. SCD240113 were 868 days. However, although

there are a greater number of credits for case No. SCD216068, such credits will not

impact the total time to be served in case No. SCD240113. Tucker wants this court to

order consecutive sentencing, the effect of which would be to apply at least 1,195 days

credit against the total sentence. Additionally, Tucker seeks additional credits of 868

days of credit for case No. SCD216068 for the time spent in custody on the probation

revocation which followed his arrest in case No. SCD240113.

In our efforts to sort out the competing contentions we will first address the

People's contentions that the appeal should be dismissed. We will then discuss the court's

imposition of concurrent sentences, and finally we will address the claim of entitlement

to additional credits in case No. SCD216068.

I

SHOULD THE APPEAL BE DISMISSED

The People contend the appeal should be dismissed for several…