People v. Super. Ct. CA1/3

BACKGROUND

A jury convicted Christopher Hey of driving a motor vehicle with a blood alcohol level in excess of .08 percent in violation of Vehicle Code section 23152, subdivision (b).

1 Further statutory references are to the Penal Code unless otherwise designated.

1 The trial court suspended imposition of sentence, placed Hey on probation with the condition, among others, that he serve a county jail term of 18 days through the Sheriff’s Work Alternative Program (SWAP). The trial court awarded Hey two days of credit pursuant to section 4019 for time spent in custody following his arrest. When a question arose regarding whether Hey would receive section 4019 credit for time spent in the SWAP program, the court stated: “I’m going to leave that to the sheriff’s office. If there is a disagreement as to whether 4019 is applicable to SWAP, the intention of the [court] is that the defendant has credit for time served of two days. I’ll give you that, but that he spend the remaining time in SWAP. I will leave it to the sheriff’s office to apply that as they will.” After an unsuccessful attempt to secure a writ of mandate or prohibition from the superior court, the People filed the…