P. v.
Filed 9/28/10 P. v. Battle CA2/1
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
SECOND
APPELLATE DISTRICT
DIVISION
ONE
THE PEOPLE,
Plaintiff and Respondent,
v.
DAVID A. BATTLE,
Defendant and Appellant.
B218382
(Los Angeles
County
Super. Ct.
No. KA086908)
APPEAL from
a judgment of the Superior Court
of Los Angeles
County. Wade Olson,
Judge. Affirmed.
Rita L.
Swenor, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G.
Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C.
Byrne and Nima Razfar, Deputy Attorneys General, for Plaintiff and Respondent.
--------------------
On May 19, 2009, Battle
was arrested and charged with multiple counts, including receiving stolen property, second degree
burglary of a vehicle, grand theft exceeding $400, possession of
ammunition, and identity theft.
On July 1, 2009, pursuant to a plea bargain, Battle
pleaded no contest to all nine counts.
The trial court sentenced Battle
to five years in prison and gave him 69 days of total presentence credit; 46
days actual custody and 23 days of conduct credits.
A defendant sentenced to state prison is entitled to credit
against the sentence imposed for all days spent in presentence custody, and the
defendant may be entitled to conduct credits pursuant to Penal Code section
4019. (Pen. Code, § 2900.5,[1] subd. (a); § 4019, subd. (a)(4).) At
the time of Battle's sentencing, section 4019 provided for one day of work time
credit and one day of good behavior credit for each six-day period of
custody. (Former § 4019, subd. (b),
(c).) If a defendant earned work and
good behavior credits (â€
| Description | On May 19, 2009, Battle was arrested and charged with multiple counts, including receiving stolen property, second degree burglary of a vehicle, grand theft exceeding $400, possession of ammunition, and identity theft. On July 1, 2009, pursuant to a plea bargain, Battle pleaded no contest to all nine counts. The trial court sentenced Battle to five years in prison and gave him 69 days of total presentence credit; 46 days actual custody and 23 days of conduct credits. |
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