People v. Gay CA3

FACTS AND HISTORY OF THE PROCEEDINGS

On March 19, 2021, defendant pleaded no contest to one count of felony possession of a stolen vehicle and waived a probation report and time for sentencing. On the same day, the trial court ordered defendant to serve 240 days in county jail and placed

1 defendant on two years informal probation. The court also awarded defendant 68 days of actual custody credit. On May 10, 2021, defendant was arrested for sleeping in a stolen vehicle. The trial court found defendant violated probation. At his violation of probation sentencing hearing, defendant declined a probation report. The trial court proceeded to sentence him to three years in county jail. With regard to the credits, the court stated: “154 actual days, the sheriff will calculate any good time or work time credits. There will be no split on this.” The minute order noted the conduct credits would be “calculated pursuant to PC [Penal Code] 4019 at two for four.” The abstract of judgment reflected the award of only 154 days of presentence custody credit. Defendant timely appealed. While this appeal was pending, defendant sent a letter to the trial court, requesting presentence custody credits…