P. v. Terry
In 2003, the trial court civilly committed defendant to the California Rehabilitation Center (CRC). At the time of commitment, the trial court suspended the execution of a five-year prison sentence. In November 2005, CRC recommended that defendant be successfully discharged. Eight months later, in defendants absence, the trial court successfully discharged defendant from CRC but reinstated her suspended five-year sentence. The trial court also ordered the Department of Corrections and Rehabilitation to determine her custody credits. On appeal, defendant contends that (1) the trial courts reinstatement of the prison sentence at an ex parte hearing violated her due process rights; and (2) the trial court erred in delegating its duty to calculate defendants custody credits to the Department of Corrections and Rehabilitation. Court agree with defendant.
Comments on P. v. Terry