Linear

Statement of the Case and Facts

This is the second appeal arising out of a judgment of conviction of forcible rape, forcible oral copulation, burglary and robbery. Appellant was 17 years old at the time these crimes were committed.

Appellant was originally sentenced to state prison for a total term of 12 years following a Youth Authority (YA) determination under Welfare and Institutions Code section 707.2 that he was not amenable to treatment. However, in an unpublished opinion, this court remanded the case for resentencing after the preparation of a new amenability report by the YA.

Upon resentencing, appellant was committed to the YA for 12 years pursuant to Welfare and Institutions Code section 1731.5. The trial court ordered that appellant’s term be reduced by 295 days for the period spent in county jail before the original sentencing plus 147 days’ conduct credits related to that period. Appellant was also credited with 1,022 days for the time spent in the custody of the Department of Corrections.

Discussion

I Appellant is not entitled to conduct credits against his maximum YA confinement time for the time he was in the custody of the Department of…