People v. Roe CA3

Filed 10/5/21 P. v. Roe 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento) ----

THE PEOPLE, C092117

Plaintiff and Respondent, (Super. Ct. Nos. 19FE001276, 19FE012289 ) v.

JOEL EDWARD ROE,

Defendant and Appellant.

Before admitting to a felony probation violation, defendant Joel Edward Roe agreed to a Cruz1 waiver. In exchange for a 72-hour release from custody with conditions, defendant offered to waive his presentence credits. Defendant breached one of the agreement’s conditions and the court struck his presentence credits. On appeal, defendant argues he agreed to waive only conduct credits, not actual credits. Defendant also contends his trial counsel was ineffective for failing to make this argument at…