Samuels

People v. Samuels

Good Law
21 Cal. App. 5th 962·231 Cal. Rptr. 3d 14
Court of Appeal of CaliforniaMarch 28, 20182d Crim. No. B280619California2,668 words

Opinion

lead Opinion

Tangeman, J.

*964 In 2011, the Legislature enacted the Criminal Justice Realignment Act (Realignment Act or Act) to address public safety issues. ( People v. Scott (2014) 58 Cal.4th 1415 , 1418, 171 Cal.Rptr.3d 638 , 324 P.3d 827 ( Scott ).) Among the Act's purposes are: (1) reducing recidivism, and (2)

*965 using resources more efficiently by supporting community-based corrections programs. ( Pen. Code, 1 § 17.5, subd. (a)(1) & (8)(B) ; see also People v. Lynch (2012) 209 Cal.App.4th 353 , 361, 146 Cal.Rptr.3d 811 ; People v. Cruz (2012) 207 Cal.App.4th 664 , 679, 143 Cal.Rptr.3d 742 .) One such community-based program is the " 'split sentence,' which allows a defendant to serve a realigned sentence partially in local custody and partially on mandatory supervision by the probation department." ( People v. Borynack (2015) 238 Cal.App.4th 958 , 963, 190 Cal.Rptr.3d 54 ; see § 1170, subd. (h)(5).) While under mandatory supervision, a defendant is "entitled to only actual time credit against the term of imprisonment" unless "in actual custody related to the sentence imposed by the court." (§ 1170, subd. (h)(5)(B).)

Here, we hold that pursuant to section 1170, subdivision (h)(5)(B), an…

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