P. v. Palmer






Filed 3/3/11 P. v. Palmer CA2/3







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS



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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. JAMES ELVIN PALMER III, Defendant and Appellant.	B220652 (Los Angeles County Super. Ct. No. TA094221)
In re JAMES ELVIN PALMER III, on Habeas Corpus.	B228830

APPEAL from a judgment of the Superior Court of Los Angeles County, Tammy Chung Ryu, Judge. Affirmed.

petition for writ of habeas corpus. Denied without prejudice.

A. William Bartz, under appointment by the Court of Appeal, for Defendant, Appellant, and Petitioner.
Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

_______________________________



INTRODUCTION
Defendant, appellant, and petitioner James Elvin Palmer III has filed an appeal and a writ of habeas corpus, which we consolidated with the appeal, asking this court to correct his presentence custody credits. Because the record on appeal is inadequate to determine whether Palmer is entitled to additional credits, we affirm the judgment. Because Palmer has a remedy in the trial court, the writ petition is denied without prejudice.
BACKGROUND
On December 18, 2007, Palmer pleaded no contest to possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and was placed probation for three years and ordered to complete an in-custody drug treatment program. Palmer agreed that the time spent in that program could not be used as credit against his sentence if he violated probation. He received 17 actual days and 8 days of conduct credit.
On May 12, 2009, probation was revoked and Palmer was sentenced to two years in prison. The trial court awarded him 269 days of actual days plus 24 days of conduct credit, for a total of 293 days.
Thereafter, on November 3, 2009, Palmer asked the trial court to correct his credits, but the court denied the motion, and it also denied his subsequent motion for reconsideration.

DISCUSSION
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