People v. Samuels CA3

Filed 8/27/15 P. v. Samuels CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C076902

Plaintiff and Respondent, (Super. Ct. No. SF110947A)

v.

MERRILL EUGENE SAMUELS,

Defendant and Appellant.

Defendant Merrill Eugene Samuels challenges the trial court’s order committing him to Patton State Hospital (Patton) for a maximum of three years with credit for 357 days served. The People agree that defendant was entitled to additional credit for time already spent at Patton. The People calculate defendant’s credit at 581 days served at the time of the order at issue, a calculation with which we agree. We will modify the commitment order.

BACKGROUND1

Defendant was charged with five counts…