P.

P. v. Mosbrucker CA6

Good Law
Court of Appeal of CaliforniaMay 16, 2013H038545California2,658 words

Opinion

Opinion

Manoukian, J.

I. INTRODUCTION

Defendant Laura Louise Mosbrucker was convicted by plea of possession of methamphetamine for sale (Health & Saf. Code, § 11378) and possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)).1 She was placed on probation with various terms and conditions. After defendant violated her probation, the trial court sentenced her to 16 months in prison. The court granted defendant 489 days of custody credits, and her 16-month prison sentence was deemed served. Defendant was also ordered to pay a $200 parole revocation restitution fine pursuant to former section 1202.45 (now § 1202.45, subd. (a)). On appeal, defendant contends that her 489 days of custody credits exceeded her 16-month prison sentence by four days, and that pursuant to section 2900.5,

1 All further statutory references are to the Penal Code unless otherwise indicated. subdivision (a) (hereafter section 2900.5(a)), the trial court should have given her a monetary credit of at least $30 per day for each of those four days toward the $200 fine. We determine that a remand is required with respect to defendant’s monetary credit under section 2900.5(a) and for clarification of the fines,…

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