Morales

I. INTRODUCTION

Plaintiff Alberto Morales spent an extra month in incarceration beyond what his plea bargain called for. He then sued the Orange County sheriff, her head jailer, and the county, for that month. Because the error was not theirs, but that of a court clerk, we affirm the summary judgment those defendants have obtained.

II. FACTS

Morales was arrested and charged with receiving stolen property (Pen. Code, § 496D1) and participation in a criminal street gang aka “street terrorism” (§ 186.22, subdivision (a)); he was also subject to a sentencing enhancement for committing a crime to benefit a criminal street gang (§ 186.22, subdivision (b)), usually called a gang enhancement. He made a plea deal with the prosecutor. The deal provided Morales would be sentenced to the middle term of two years in state prison, and one year, to run concurrently, on the street terrorism count, reduced to a misdemeanor. As to the gang enhancement, a low term enhancement of two years was imposed and then stricken, so in effect there was no gang enhancement. The upshot of all this, as Morales’ counsel told the court in presenting it, was that he would get a two-year sentence with certain…