P. v. Bahena
Filed 6/12/13 P. v. Bahena CA6
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
BERRY WILLIAMS BARRERA BAHENA,
Defendant and
Appellant.
H038620
(Monterey
County
Super. Ct.
No. SS111685)
I. Statement of the Case
Defendant
Berry Williams Barrera Bahena pleaded no contest to
of methamphetamine for sale. (Health
& Saf. Code, § 11378.) The court
suspended imposition of sentence and placed him on probation. The court later terminated probation, imposed
a 16-month sentence, and granted defendant 43 days of presentence custody
credit and an additional 20 of conduct credit.
On appeal, defendant claims he was entitled to an additional 23 days of
conduct credit.
We agree
and modify the judgment to reflect the additional credit.
II. Discussion
name="_ftnref1" title="">[1]
Defendant
was in custody for a crime committed on September
2, 2011. ~(CT 4)~ Under the provisions of Penal Code section 2933
in effect on that date, defendant was entitled to one-for-one conduct credit
for every actual day spent in presentence custody. (Former § 2933, subd. (e), as amended by
Stats. 2010, ch. 426, § 1, eff. Sept.
28, 2010; see People v.
Rajanayagam (2012) 211 Cal.App.4th 42, 48.)
Thus, since, as the trial court determined, he spent 43 days in custody,
he was entitled to 43 days of conduct credit.
The Attorney General concedes that defendant was entitled to 43 days of
conduct credit.
III. Disposition
The
judgment is modified to reflect a total of 86 days of credit, consisting of
43 days of presentence custody credit and 43 days of conduct credit. As modified, the judgment is affirmed. The trial court is directed to prepare an
amended abstract of
judgment reflecting the modifications and to forward a
certified copy to the Department of Corrections and Rehabilitation.
______________________________________
RUSHING, P.J.
WE CONCUR:
____________________________________
PREMO, J.
____________________________________
ELIA,
J.
the revocation and termination of probation are not relevant to the issue
raised on appeal, and therefore we need not summarize them.
