P. v. Benavidez
A jury convicted Rey Benavidez of sexual intercourse with a child 10 years or younger, T.C., digital penetration with a child 10 years or younger, T.C., attempted lewd act upon a child under 14 years of age, A.L., and misdemeanor indecent exposure after unlawful entry. Benavidez appealed and in our prior nonpublished opinion
(People v. Benavidez (June 28, 2011, G043412)), we reversed his conviction for committing an attempted lewd act upon a child under 14 years of age and concluded the trial court failed to make the requisite findings for imposition of the sex offender fine. We remanded the matter. On remand, the trial court concluded Benavidez did not have the ability to pay the sex offender fine and struck the sentence on count 4. The court, however, refused to award him additional actual credits from the time of his first sentencing hearing to the date the court struck the sentence on count 4. As we explain below, we conclude Benavidez was entitled to additional actual credits.
Comments on P. v. Benavidez