P.

P. v. Negrette CA6

Good Law
Court of Appeal of CaliforniaMay 21, 2013H037760California3,173 words

Opinion

Opinion

Manoukian, J.

I. INTRODUCTION

Defendant Jose Guillermo Negrete appeals after pleading no contest to receipt of stolen property (Pen. Code, § 496, subd. (a))1 in case No. SS090134A, to unlawful sexual intercourse with a minor (§ 261.5, subd. (c)) in case No. SS110536A, and to misdemeanor violations of sections 415, subdivision (1) and 148, subdivision (a)(1) in a third case. Defendant was sentenced in the two felony cases to two years eight months in jail pursuant to section 1170, subdivision (h). On appeal, defendant contends that he is entitled to additional presentence conduct credit in the receipt of stolen property case (No. SS090134A) pursuant to the January 2010 version of section 4019. Defendant further contends that he is entitled to

1 All further statutory references are to the Penal Code unless otherwise indicated. monetary credit under section 2900.5, subdivision (a) toward fines and fees in that case and in the unlawful sexual intercourse case (No. SS110536A) for any excess time that he spent in custody. For reasons that we will explain, we will modify the judgment in the receipt of stolen property case (No. SS090134A) by awarding defendant a total of 226 days conduct credit and…

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