P. v. Ewing
On May 28, 2009, a complaint charged defendant and appellant Richard Beno Ewing with possession of cocaine under Health and Safety Code section 11350, subdivision (a). The complaint also alleged that defendant had previously suffered a prison prior within the meaning of Penal Code[1] section 667.5, subdivision (b).
On June 3, 2009, defendant pled guilty to count 1 and admitted the prison prior. On June 15, 2009, the trial court sentenced defendant to three years’ probation under section 1210.1. On November 3, 2009, defendant admitted violating his section 1210.1 probation, and was placed on general felony probation and admitted into drug court. Defendant failed to appear for drug court review on April 20, 2010, and probation was revoked. On May 9, 2011, defendant was sentenced to four years in prison.
On June 10, 2011, defendant filed a notice of appeal. On appeal, defendant contends that the trial court erred in failing to award him presentence conduct credits under section 4019. For the reasons set forth below, we shall remand this case to the trial court for calculation of section 4019 credits.
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