People v. Guadarrama CA1/2

Good Law
Court of Appeal of CaliforniaMarch 26, 2015A141233California2,118 words

Opinion

Opinion

Miller, J.

Filed 3/26/15 P. v. Guadarrama CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A141233

v. ALEJANDRO GUADARRAMA, (Sonoma County Super. Ct. No. SCR617087) Defendant and Appellant.

Defendant Alejandro Guadarrama appeals the prison sentence imposed in this case on the ground that he did not waive custody credits for time served in Victory Outreach, a residential treatment program, and is entitled to them pursuant to Penal Code section 2900.5, subdivision (a). We agree that the record does not show that he waived credits, and we will remand the matter to the trial court to determine whether the placement qualifies for custody credits and, if so, to modify the judgment accordingly.

FACTUAL AND PROCEDURAL…

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