P. v. Dieck
After defendant Roland William Dieck pled no contest to receiving stolen property and possession of marijuana, the trial court granted him probation with 365 days in county jail. On appeal, defendant contends: (1) the trial court erred when it did not award him conduct credit under Penal Code section 4019[1]for five days he served in jail prior to sentencing and (2) the probation condition that requires defendant not to be in any place where illegal substances are present should be amended to include a knowledge element. Court reject defendants first argument because section 4019, subdivision (e) precludes awards of conduct credit when a defendant has served less than six days in jail. As to defendants second argument, Court modify the probation condition to include a knowledge element.
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