G.H.
People v. G.H.
Opinion
Opinion
Ramirez, J.
Defendant and appellant G.H. appeals from an order of the trial court correcting a previous order awarding defendant precommitment custody credits for time served against his three-year commitment to Patton State Hospital (Patton) pursuant to Penal Code section 1368 et seq. On appeal, defendant argues that (1) section 1370, subdivision (a)(3)(C), mandates the trial court to deduct defendant’s precommitment custody credits from the maximum term of commitment, and (2) the denial of precommitment custody credits based upon the level of crime alleged violates a defendant’s rights to due process and equal protection. We reject defendant’s contentions and affirm the judgment.
I
FACTUAL AND PROCEDURAL BACKGROUND
On May 7, 2010, a complaint was filed charging defendant with felony elder abuse likely to produce great bodily harm and death (§ 368, subd. (b)(1)); assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)); and misdemeanor elder abuse likely to produce great bodily harm or death (§ 368, subd. (c)).
On September 8, 2010, defendant was arraigned, pled not guilty, and was remanded to the custody of the Riverside County Sheriff.