P. v. Powers
After the magistrate denied his motion to suppress evidence (Pen. Code,[1] § 1538.5), defendant Jason Clark Powers pled no contest to attempting to obstruct, resist, or deter an executive officer in the performance of his duty and admitted a prior serious or violent felony conviction in return for a stipulated state prison term of 16 months, the dismissal of all remaining counts and allegations -- including a charge of being a felon in possession of ammunition -- and the dismissal of an unrelated pending case.[2] The court thereafter imposed the stipulated sentence, awarding defendant 55 days of presentence custody credit (37 actual days and 18 conduct days).
In response to a motion pursuant to People v. Fares (1993) 16 Cal.App.4th 954, the trial court granted defendant two additional actual days of presentence custody credit, but denied his request for day-for-day conduct credit.
Defendant contends his motion to suppress should have been granted because the officer lacked probable cause to arrest him for any crime. He also renews his contention that he is entitled to day-for-day presentence custody credit. We shall affirm.
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