P. v. Keyes
Filed 12/16/08 P. v. Keyes CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. MICHAEL KEYES, Defendant and Appellant. | C056353 (Super. Ct. No. 05F02529) |
Defendant Michael Keyes pled nolo contendere to one count of violating Penal Code section 314, subdivision (1) (indecent exposure). The trial court suspended imposition of sentence and placed defendant on three years probation, including 318 days in jail, and awarded defendant 318 days of credit for time served in presentence custody (including 79 days in jail and 239 days in Napa State Hospital).
Defendants counsel subsequently requested that the trial court award 38 days of conduct credit pursuant to Penal Code section 4019 based on the 79 days defendant had spent in jail before sentencing. The court denied the request, reasoning that it is the Sheriffs Departments responsibility to award such credit in county jail sentencing cases.
Defendant appeals, contending that the trial court had the duty to award the requested conduct credits. The People agree. We shall modify the order of probation to award defendant 38 days of conduct credit.
DISCUSSION
We omit the facts of defendants offense as irrelevant to the only issue raised on appeal.
Under Penal Code section 4019, subdivisions (b), (c), and (f), a prisoner is entitled to two days of conduct credit for every four days served in custody. (People v. King (1992) 3 Cal.App.4th 882, 885.) This includes the period prior to sentencing. (Pen. Code, 2900.5.) The trial court has the duty to calculate and award the appropriate credits. (Pen. Code, 2900.5, subd. (d); Cal. Rules of Court, rule 4.472; People v. Sage (1980) 26 Cal.3d 498, 508-509.) This is so even where a defendant is sentenced to county jail. (In re Allen (1980) 105 Cal.App.3d 310, 314.)
The parties agree that defendant is entitled to 38 days of conduct credit. The trial court shall modify the order of probation to award that credit.
DISPOSITION
The judgment (order of probation) is modified to award defendant 38 days of conduct credit. The trial court shall prepare a modified order of probation in accordance with this
directive. As modified, the judgment is affirmed.
SIMS , Acting P.J.
We concur:
DAVIS , J.
ROBIE , J.
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