People v. Edwards CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

This is the third appeal following Edwards's conviction on multiple counts of

grand theft of personal property, conspiracy to commit grand theft, multiple counts of

1 All further undesignated statutory references are to the Penal Code.

2 As explained at part II.B.1., post, because of the People's concession, the actual language of the statute is not at issue. In any event, the version of former section 2900.5 that was in effect at the time of the sentencing can be found at Statutes 2011, chapter 15, section 466, operative October 1, 2011 (former section 2900.5).

3 People v. Brown (2012) 54 Cal.4th 314 instructs that a defendant is to receive section 4019 presentence custody credit based on the law in effect when the defendant served the time that is to be credited. (Brown, at p. 322.) Because Edwards's time served at issue here occurred during September 2008, in this opinion we look at the version of section 4019 in effect in 2008 — Statutes 1982, chapter 1234, section 7 (former § 4019).

2 forgery, identity theft, and offering a forged instrument for filing. In the first appeal, we

reversed the convictions…