P. v. Pendarvis
Filed 7/28/06 P. v. Pendarvis CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. COREY DANIEL PENDARVIS, Defendant and Appellant. | C050527 Super.Ct.No. 05F04560
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Defendant entered a negotiated plea of no contest to driving under the influence of alcohol or drugs (Veh. Code,
§ 23152, subd. (a)); count 1) with three prior Vehicle Code convictions, and driving with a suspended license, a misdemeanor (Veh. Code, § 14601.2, subd. (a)); count 3) in exchange for no state prison at the outset and probation with a 240-day county jail term on count 1.
The court suspended imposition of sentence and granted probation subject to certain terms and conditions including 180 days in county jail on count 1 with four days credit. On count 3, the court imposed a consecutive 60 days in jail.
Defendant appeals. He contends he is entitled to two days of Penal Code section 4019 credit on the four days of credit awarded. The Attorney General responds that defendant's failure to file a motion renders the claim noncognizable on appeal. In the alternative, the Attorney General argues defendant's claim is meritless.
Defense appellate counsel sent a letter to the trial court requesting Penal Code section 4019 credit of two days. By minute order, the trial court responded that the sheriff's department â€
