Delarosa

People v. Delarosa

Good Law
176 Cal. App. 3d 318·1986 Cal. App. LEXIS 2440·221 Cal. Rptr. 743
Court of Appeal of CaliforniaJanuary 2, 1986No. F005872California1,417 words

Opinion

Lead Opinion

Delarosa was convicted on his guilty plea of escape (Pen. Code, § 4530, subd. (b)). He was sentenced to prison for the 16-month *320 lower base term to run consecutively to the concurrent state prison sentences that he was then serving for three counts of forgery. The sentencing judge awarded 91 days credits, representing the credits which the instant escape caused him to lose on his forgery sentences. On this appeal, Delarosa contends that, instead of 91 days, he should have received presentence actual time and conduct credits for the period from his February 2, 1985, arrest on the escape charge until his June 11, 1985, sentencing on the escape. Our review of the record persuades us that on no theory was Delarosa entitled to credits against his escape term.

The pertinent facts show that on November 11, 1984, Delarosa arrived at the Turning Point, described in the probation officer’s report as a resident inmate work furlough facility. His scheduled release date on the forgeries was February 6, 1985. On December 7, 1984, he escaped. He was arrested on February 2, 1985. By June 11, 1985, the date of sentencing herein, the Department of CorrectiÓns had changed his release…

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