People v. Scott CA2/3

DISCUSSION

Appellant Is Entitled to Additional Precommitment Credit. Appellant claims as above indicated. He argues he is entitled to 919 days of precommitment credit, consisting of 613 days of custody credit and 306 days of conduct credit. We agree he is entitled to additional precommitment credit but not in the amount he seeks. As indicated, appellant was arrested on March 20, 1990, and remained in custody until November 12, 1991, when the court sentenced him. This is a total of 603 days, inclusive. Appellant errs by concluding this period is 613 days and calculating accordingly.

4 The trial court denied the motion on the ground the “issues raised should have been addressed on appeal.” (Capitalization omitted.) We assume without deciding that, after the judgment, appellant could have filed a petition for a writ of habeas corpus based on alleged ineffective assistance of counsel concerning his credit award. The trial court also denied the motion on the ground “[a]ny recomputation of custody credits would result in striking conduct credits which should have never been awarded.” The trial c ourt did not explain why it thought conduct credits should never have been awarded. As…